Shifting the burden of proof

By Xiahou Songjie, Dacheng Law Offices
0
274

In December 2006, the developer of a shopping centre and a lessee entered into a premises lease. The contract specifically provided that the term of the lease would commence on “the date on which the leased property opens for business as a whole”. However, it did not specify the date on which the shopping centre was to open for business as a whole.

Delay occurs

For reasons attributable to the developer, the lessee was not able to enter the site for a certain period after the execution of the contract, and was thus prevented from carrying out the necessary fitting out works and commence its operations.

夏侯松杰律师-北京市大成律师事务所-Xiahou-Songjie-Dacheng-Law-Offices
Xiahou Songjie
Partner
Dacheng Law Offices

In March 2007, after the lessee was finally ready to open for business, the developer announced that the shopping centre would open for business on 30 March. However, due to the testing of the water facilities, electrical equipment, elevators and other such items, the shopping centre was not able to open for business as a whole on that date.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Xiahou Songjie, a partner at Dacheng Law Offices, specializes in litigation & arbitration, enforcement, real estate & construction, corporate law, financing, insurance and investment.

大成律事务所 Dacheng Law Offices

大成律师事务所 — 北京总部
北京市东城区东直门南大街3号国华投资大厦12-15

12/F-15/F, Guohua Plaza

3 Dongzhimennan Avenue, Beijing

邮编 Postal code: 100007

电话 Tel: +86 10 58137128 (Ma Jiangtao)

电话 Tel: +86 10 58137209 (Xiahou Songjie)

传真 Fax: +86 10 58137788, +86 10 58137766

电子信箱 E-mail: jiangtao.ma@dachengnet.com; songjie.xiahou@dachengnet.com

www.dachengnet.com