What is the scope of the priority right to be compensated for the price of the construction project?

The contractor's right of priority applies only to the price of various construction projects that can be discounted or auctioned, and the contractor does not have the priority of construction projects that cannot be discounted or auctioned. This effectively excludes state-financed construction projects, public utility projects and other projects that use state-allocated land for construction.

Legal basis] Article 286 of the Contract Law stipulates that if 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 apply to the people's court to auction the project in accordance with law, except where 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.

Legal analysis: The scope of the priority right to be compensated for the price of a construction project includes: the price of the construction project that can be discounted or auctioned.

If the employer fails to pay the price within the time limit, the contractor shall not have the right to be compensated in priority for the discounted price or auction price of the project, except that it is not suitable for the discount or auction price of the project according to the nature of the construction project.

Legal basis: Article 807 of the Civil Code of the People's Republic of China If 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 paid at the auction at a discount or the auction price.

The scope of the price of the construction project to be compensated in priority is: the actual expenses incurred by the contractor for the contracted project, which are applicable to all kinds of lead construction projects that can be discounted and auctioned. The subject of rights is limited to the contractor of the construction contract, and the contractor can only exercise the priority right of compensation for the construction project contracted by it and the project price not paid by the employer.

1. How long is the period of preferential compensation?

In some projects, it is often necessary to subcontract the project and contract to different objects, but if the project is completed and there is no ability to pay for the project, then the project sponsor will often choose to deal with the project. The priority right of repayment of the project money exists to ensure the interests of the contractor, and it has a higher priority than the general creditor's rights. The Supreme People's Court's Reply to the Issue of the Priority Right to Compensation of Construction Project Prices stipulates that:

The time limit for the construction project contractor to exercise the right of priority is six months, which shall be calculated from the date of completion of the construction project or the date of completion as agreed in the construction contract", which clarifies the time limit for the contractor to exercise the right of priority, thus ensuring the need for the contractor to exercise the right of priority. One is that the construction project can be successfully completed under normal circumstances, and the project price will be paid first, and its starting time is "the date of completion of the construction project", which is limited to 6 months after completion; The other is that the project price shall be compensated in priority if the project cannot be completed, and its starting time shall be "the date of completion agreed in the construction contract of the Huainaji Project", which is limited to 6 months after the date of completion of the agreement.

Second, the decoration money does not give whether the decoration can be dismantled and decorated.

No. You can go to the court to file a lawsuit, apply for property preservation, seal up the renovated property, and claim payment for the project. If 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 apply to the people's court to auction the project in accordance with law, except where 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.

3. How to recover the project payment.

If 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.

Article 807 of the Civil Code.

If 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, and may also 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.

The scope of the priority right to be compensated for the price of a construction project includes: the price of a construction project that can be discounted or auctioned. If the employer fails to pay the price within the time limit, the contractor shall have the right to receive priority compensation for the discounted or auctioned price of the project, except that it is not suitable for discounting or auctioning the price of the project according to the nature of the construction project.

[Legal basis].

Article 807 of the Civil Code of the People's Republic of China provides that if 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 negotiate 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.

The scope of the priority right to be compensated for the price of the construction project includes: labor costs (i.e., the remuneration of the builder), material costs, construction machinery and equipment usage fees, enterprise management fees, profits, fees and taxes, construction and installation costs, and other project costs.

1. Who pays the social security fee for the project.

The social security fee of the project shall be paid by the construction unit. The social security fee of the construction project is a component of the project cost, and it is the cost of the enterprise to pay the social security of endowment insurance, medical insurance, unemployment insurance, work-related injury insurance and maternity insurance for employees. The social security fee is calculated according to the total cost of the construction project, and the settlement of the construction unit has included this amount.

2. What are the contents of the construction contract?

The construction contract, also known as the construction and installation contract, usually includes the following clauses: the name and location of the construction project; 2. The scope and content of the construction project; 3. The commencement and completion date of the construction project and the commencement and completion date of the intermediate handover project; 4. The quality warranty period and warranty conditions of construction projects; 5. In the construction process of the construction project; 6. The payment method, or calculation method and acceptance standard of the construction price of the construction project.

3. There are several forms of construction contracts.

There are four forms of construction contracts:

1. The lump sum contract, the lump sum contract refers to the contract in which the total price of the completed project is determined in the contract, and the contractor completes all the contents of the project accordingly;

2. Unit price contract, unit price contract is the type of contract in which the contractor determines the cost of each sub-project according to the sub-project scale listed in the bidding documents;

3. Cost remuneration contract, which is a type of contract in which the employer pays the actual cost of the project to the contractor and pays the remuneration in the manner agreed in advance;

4. Subcontract, subcontract by two or more contractors responsible for the preparatory personnel, complete the base project.

According to the Civil Code of the People's Republic of China, an employer may not break up a construction project that should be completed by one contractor into several parts and award it to several contractors.

Composition of construction and installation project costs

1. The main content of the adjustment of the "Cost Composition":

1) The cost of construction and installation projects is divided into labor costs, material costs, construction machinery and equipment use fees, enterprise management fees, profits, fees and taxes according to the composition of the cost components (see Annex 1).

B) in order to guide the engineering cost professionals to calculate the cost of construction and installation projects, the cost of construction and installation projects is divided into sub-project costs, measure project costs, other project costs, fees and taxes (see Annex 2).

3) In accordance with the provisions of the National Bureau of Statistics on the composition of total wages, the composition and content of labor costs have been reasonably adjusted.

D) in accordance with the National Development and Reform Commission, the Ministry of Finance and other 9 ministries and commissions issued by the relevant provisions of the "standard construction bidding documents", the cost of engineering equipment included in the cost of materials; The inspection and test fee in the raw material cost is included in the enterprise management fee.