What to do when your project balance payment is in arrears

The problem of project arrears is very common, and it is a common problem in the construction market at present. Here are some suggestions for your reference:

First, the validity of the contract, some construction lawsuits, the acquisition of the project money must first solve the validity of the contract, because the current construction market is generally affiliated with the phenomenon of borrowing qualifications, so these will lead to the invalidity of the construction contract, there is whether there is subcontracting, illegal subcontracting, these will lead to the invalidity of the contract itself, but even if there is an invalid contract, if the construction unit does not raise the defense of the invalidity of the contract or the quality of the project is qualified, You can still refer to the construction contract to get the project price.

Second, the relative issue of the contract, due to the current affiliation, borrowing qualifications and subcontracting of many situations, if you want to make a request for project payment, you must have a direct contractual relationship with the owner or have a valid authorization, otherwise the owner has the right to refuse to pay.

Third, the project settlement method and amount, the settlement of project payment is the core link of the construction enterprise's project payment arrears, and it is also the focus of dispute between the employer and the contractor. There are three ways to determine the price of a construction contract, namely, a fixed contract, an adjustable contract and a cost-plus remuneration contract. I don't know what kind of situation your contract belongs to, but in my experience, the current use of adjustable ** contracts is more used.

If it is this kind of contract, there is a problem that the amount of project settlement, especially the change of project negotiation, if the two parties have a document for the project settlement, it will be implemented in accordance with the document, and if there is a dispute, they can apply for judicial appraisal and pay according to the appraisal results.

4. If there is no special provision in the contract between the two parties for the liability for breach of contract caused by the developer's breach of contract, then the interest on the arrears of the project can be calculated according to the interest rate of the same type of loan in the same period. If the parties have not agreed on the payment time or the agreement is unclear, the following time shall be regarded as the time of payment: (1) if the construction project has been actually delivered, it shall be the date of delivery; (B) the construction project is not delivered, for the date of submission of the completion of the 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 file a lawsuit.

5. The statute of limitations, if the project payment exceeds the statute of limitations, the construction enterprise will lose the right to win the lawsuit, and the other party can refuse to pay the project payment on this ground. The statute of limitations for the recovery of construction money is generally 2 years, calculated from the time when the right is known or should have been known. If an advance payment or progress payment is claimed, it shall be calculated from the date of payment due as agreed in the contract; If the settlement payment is claimed, it shall be calculated from the date of the agreed payment after the settlement is completed.

The statute of limitations for the recovery of construction money is 2 years, which is a general principle, and the statute of limitations can be extended under special circumstances.

On the one hand, it is necessary to take care of the cooperative relationship when the project is obtained to prevent disadvantages to the future contracting of the project, and on the other hand, it is necessary to actively safeguard its own legitimate rights and interests.

Negotiate a settlement, and if the negotiation fails, then sue.

First of all, the two parties negotiate, and if the negotiation fails, it will be resolved through litigation and arbitration. The approximate procedure for prosecution is as follows:

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

1. The process of suing for non-repayment of debts.

Debt non-repayment prosecution process:

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

If the debtor fails to repay the debt within 15 days after receiving the payment order issued by the people's court, or fails to file a written objection to the people's court, the creditor may apply to the people's court for compulsory enforcement.

Second, how to sue if the construction site owes money and does not owe a side calendar.

For those who owe money and do not have an IOU, it is necessary to use reasonable methods to collect evidence, and when necessary, a lawyer can be entrusted, and then file a lawsuit with a court of competent jurisdiction after collecting evidence

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

3. How to sue if you owe money and don't pay it back.

The procedure for prosecuting non-payment of money owed is as follows:

1. Write a good indictment, which should be concise and concise, and should include the relevant information of the original defendant, litigation claims, facts and reasons;

2. Bring relevant evidence and indictment to the court to file a case and pay the litigation fee, including IOUs, transfer records or IOUs of the arguer, and the reason for the arrears;

3. After the court reviews and accepts, it will be heard;

4. The court decides that if the other party appeals, it will go through the second-instance procedure;

5. After the judgment takes effect, it may apply to the court executive board to enforce the judgment.

Article 412 of the Civil Code of the People's Republic of China Where the debtor fails to perform the debts due or the parties agree to realize the mortgage right, resulting in the mortgaged property being seized by the people's court in accordance with law, the mortgagee shall have the right to receive the natural or legal fruits of the mortgaged property from the date of seizure, unless the mortgagee fails to notify the person who shall pay off the statutory fruits.

Legal analysis: First of all, the two parties negotiate, and if the negotiation fails, it will be resolved through litigation and arbitration. The approximate procedure for prosecution is as follows:

1. Write a good indictment;

2. Bring evidence and indictment to the court to file a case and pay the litigation fee;

3. After the court reviews and determines the acceptance, it will be heard;

4. Court judgment;

5. Enforcement of judgments.

Legal Basis: "Civil Code of the People's Republic of China" Article 412 Where the debtor fails to perform the debts due or the parties agree to realize the mortgage rights, resulting in the mortgaged property being seized by the people's court in accordance with law, the mortgagee shall have the right to receive the natural fruits or legal fruits of the mortgaged property from the date of seizure, except that the mortgagee has not notified the person who shall pay off the statutory fruits.

The contractor may sue the court to demand the employer to pay the final payment. For a construction contract, if the contractor has completed the construction of the construction project in accordance with the contract and passed the acceptance, the contractor has the right to require the employer to pay the remaining project price. If the employer refuses to pay, the contractor may file a lawsuit with the court to request the employer to pay the price; In the lawsuit, the parties can also request the court to auction the project in accordance with the law.

The price of the construction project shall be compensated in priority with respect to the price of the project at a discount or auction. However, if the conditions for payment of the balance agreed in the contract have not been fulfilled, the employer has the right to refuse to pay the balance payment.

[Legal basis].

Article 807 of the Civil Code of the People's Republic of China Where the employer fails to pay the price as agreed, the contractor may urge the employer to pay the price within a reasonable period of time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the price of the project, or may request the people's court to auction the project in accordance with law, except that it is not appropriate to discount or auction the project according to the nature of the construction project. The price of the construction project shall be compensated in priority with respect to the price of the project at a discount or auction.

How to deal with the arrears of the final payment of the project: First of all, the two parties should negotiate, and the negotiation should not be resolved through litigation or arbitration. The statute of limitations for litigation is three years from the date of expiration of the repayment period, and if the repayment period expires, the right to request protection from the people's court will be lost, and it is necessary to provide retained and authentic evidence.

It is also possible to submit a written application for mediation to the local people's mediation committee. Article 119 of the Civil Procedure Law Requirements for Initiating a Lawsuit A lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.