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What if the project payment is in arrears? What should we pay attention to in prosecution?

According to the progress of the contract, the project is completed according to the quality and quantity. Generally, the project funds can be smoothly settled, but there are also individual construction sites that fail to settle the project funds on time. In the face of this situation, it is necessary to negotiate with the contract party in time. If the negotiation fails, you can file a lawsuit to the court according to law to protect your rights and interests. At the same time, relevant evidence such as construction contract, relevant project visa and meeting minutes shall be retained. In addition, let's talk about what we should pay attention to suing the boss for arrears of the project?

1、 Validity of contract

To obtain the project funds, we must first solve the problem of the validity of the contract. At present, the phenomenon of affiliation and borrowing qualifications is common in the construction market, so these will lead to the invalidity of the construction contract. As a construction unit, your company, and whether there are subcontracting and illegal subcontracting, which will lead to the invalidity of the contract itself, but even if the contract is invalid, If the construction unit does not raise the defense of invalid contract or the project quality is qualified, you can still obtain the project price by referring to the construction contract.

2、 Relative line of contract

At present, there are many affiliated, borrowed qualifications and subcontracting situations. If you want to make a request for project funds, you must have a direct contractual relationship with the owner or have effective authorization, otherwise the owner has the right to refuse payment.

3、 Problems of settlement method and amount

Project payment settlement is the core link of project payment settlement of construction enterprises, and it is also the focus of dispute between the employer and the contractor. There are three ways to determine the construction contract price, namely, fixed price contract, adjustable price contract and cost plus remuneration contract. I don't know what kind of situation your contract belongs to. According to my experience, adjustable price contract is widely used at present. If it is such a contract, there is a problem of determining the project settlement amount, especially the change of project negotiation. If both parties have documents for the project settlement, they shall implement the documents. If there is a dispute, they can apply for judicial appraisal and pay the payment according to the appraisal results.

4、 Liability for breach of contract caused by the breach of contract of developers and owners

If there is no special provision in the contract between the two parties, the interest on the project payment in arrears can be calculated according to the loan interest rate of the same kind in the same period. The default interest of the project payment shall be calculated from the date when the project payment is payable. If the parties have not agreed or agreed on the payment time, the following time shall be regarded as the payment time: (1) if the construction project has been actually delivered, it shall be the date of delivery; (2) If the construction project is not delivered, it shall be the date of submitting the completion settlement documents; (3) If the construction project has not been delivered and the project price has not been settled, it shall be the date on which the parties Sue.

5、 Limitation of action

If the project payment exceeds the limitation of action, the construction enterprise will lose the right to win the lawsuit, and the other party can refuse to pay the project payment for this reason. The limitation of action for the recovery of project funds is generally 2 years, calculated from the time when they know or should know that their rights have been infringed. If advance payment or progress payment is claimed, it shall be calculated from the date of payment agreed in the contract; If settlement payment is claimed, it shall be calculated from the agreed payment date after settlement. The limitation of action for the recovery of project funds is 2 years, which is a general principle. The limitation of action can be extended under special circumstances.

6、 Special protection issues for the construction unit

Due to the fierce competition in the current construction market, the construction unit is often in a inferior position in the litigation of project arrears, and it is very difficult to maintain its rights. For the long-standing arrears, it is necessary to exercise the right of action in time. In the litigation, the way of preserving the house property account can be adopted to promote its timely payment, On the other hand, we should pay attention to a special protection right for construction enterprises by adopting China's Russian contract law, that is, the priority of construction project price, and the project fund has priority over the mortgage of the bank. The employer cannot pay the project fund according to the contract. After being urged, the construction enterprise can apply to the people's court to auction the projects under construction or completed projects, and the auction proceeds shall be paid to the construction enterprise first. However, the right to compensation for the price of the construction project must be exercised within 6 months from the date of completion (completed project) or the agreed date of completion (uncompleted project under construction), and shall not be against consumers who have paid most of the house payment. Therefore, when the employer has a financial crisis and litigation is difficult to avoid, the construction enterprise should urge the employer for the project payment as soon as possible within 6 months after completion, otherwise after 6 months, the right of the project payment to take priority over the bank mortgage will no longer exist, and the construction enterprise is likely to win the lawsuit and get no money.