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It is usually based on the content of the contract, but if you don't have the contract agreement and other relevant proof, then it's troublesome because you can't sue. Either communicate with A in a good voice, or make a mutually acceptable solution according to the actual situation.
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Project settlement refers to the economic documents in which the construction enterprise handles the settlement of the project price to the construction unit (owner) in accordance with the contract and the completed project quantity. The construction period of the project is long, the number of funds consumed is large, in order to make the construction and installation enterprises in the construction of the funds in a timely manner, it is necessary to carry out intermediate settlement (progress payment settlement) and year-end settlement of the project price, and the completion settlement should be carried out after the completion and acceptance of all projects.
The basis for the preparation of project settlement.
1. Relevant national laws, regulations, rules and regulations and relevant judicial interpretations;
2, the construction administrative departments and provinces, autonomous regions, municipalities directly under the Central Government and relevant departments issued by the project cost pricing standards, pricing methods, relevant provisions and related interpretations;
3. Contractor contract, professional subcontract and supplementary contract, relevant material and equipment procurement contract;
4. Bidding documents, including bidding Q&A documents, bidding commitments, bid-winning documents and their components;
5. Project as-built drawings or construction drawings, construction drawings review records, approved construction organization design, as well as design changes, project negotiation and related meeting minutes;
6. Approved opening and completion reports or suspension and resumption reports;
7. Specification for the valuation of the bill of quantities of the construction project or the project budget quota, the cost quota and the first information, the price adjustment regulations, etc.;
8. Project budget;
9. Relevant information that affects the cost of the project;
10. The fixed base price of the installation project;
11. Settlement and preparation of entrustment contract.
During the construction process, the construction enterprise calculates the various expenses according to the number of projects completed month by month (or image progress, or control interface, etc.), and handles the payment of project progress payment (i.e., intermediate settlement) to the construction unit (owner).
Taking monthly settlement as an example, the current intermediate settlement method is that the construction enterprise submits an advance project bill to the unit at the end of the month or the middle of the month, advances the project payment for ten or half a month, and then submits the project payment settlement bill and the monthly report of the completed project at the end of the month, collects the project price of the month, and settles it through the bank. Settle on a monthly basis, and count the projects that have been completed on the site one by one, and submit the information to the supervising engineer and the construction unit for review of the visa. In order to simplify the procedures, the monthly statistical progress report submitted by the construction enterprise should be used as the voucher for the withdrawal of the project payment, which is commonly referred to as the project progress payment.
The steps for the payment of progress payment are as follows:
Quantity measurement and statistics Submit the completed quantity report The engineer reviews and confirms the construction unit and approves the delivery of the project progress payment.
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After the project is completed, the solution for Party A's non-settlement is as follows:
1. The contractor may confirm the project cost of the undisputed part with the employer and list the disputed items, and if the employer does not have the sincerity to negotiate, the contractor shall file a lawsuit or apply for arbitration as soon as possible for the entire completion settlement cost or the disputed part;
2. The employer is required to pay the project price and the interest on the arrears calculated from the date of actual delivery of the project to avoid continuous delays;
3. When signing the construction contract, the employer shall submit the review opinion of Qingqin for the completion settlement, otherwise it shall be deemed to have approved the completion settlement report, and once the employer delays the review of the completion settlement report, the contractor may require the employer to pay the project price according to the calculated completion settlement cost. The contractor may first confirm with the employer the cost of the undisputed part, list the disputed items separately, negotiate separately with the employer or submit a complaint to the people's court with jurisdiction, and file a civil lawsuit. After the court's decision, both parties should actively fulfill their rights and obligations.
Legal basisCivil Code of the People's Republic of China
Article 807.
If the employer fails to pay the price in accordance with the agreement, 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.
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Summary. Hello dear, glad your question <>
After the completion of the <> project, Party A has been dragging its feet and does not engage in settlement, and it is recommended to sue directly After the completion of the project, Party A has not settled the method: the contractor can first confirm the project cost of the undisputed part with the employer, list the disputed items separately, negotiate separately with the employer or submit a complaint to the people's court with jurisdiction, and file a civil lawsuit. After the court's decision, both parties should actively fulfill their rights and obligations.
After the project is completed, Party A has been dragging it out and not making the settlement.
Hello dear, glad your question <>
<>After the completion of the project, Party A has been dragging on not engaging in settlement, and it is recommended to sue directly After the completion of the project, the method of Party A's non-settlement is: the contractor can first confirm the project cost of the undisputed part with the employer, list the disputed items separately, negotiate separately with the contractor or submit a complaint to the People's Court of Chengliang with jurisdiction, and file a civil lawsuit. After the court's decision, both parties should actively fulfill their rights and obligations.
Legal basis
Article 119 of the <> Civil Procedure Law provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization that has 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 the people's court's request to delay the acceptance of Hengtuanmo's civil litigation and the jurisdiction of the people's court receiving the lawsuit.
Hello! I am a contractor team, the project is completed, the contractor is willing to settle but the labor subcontractor does not settle and does not provide the settlement list, how to deal with it.
It is advisable to sue the claim directly.
But there are workers in it who can't afford to wait.
You can only hurry up and prosecute now.
This is the only way.
Is the indictment ready for you?
No. If the prosecution takes how long it takes to process.
I can help you here, two hours to publish, send it to you, you print it out, tomorrow with the relevant evidence to the local people's court with jurisdiction to sue. Years of digging.
I'll teach you as much as I can in the fastest time, three months.
How much does it cost. 599.Package case tracking throughout the process.
Here's a discount for you.
Original price 719Now 599 is fine.
I'll chase him down to see if he settles, if it really doesn't work to find you, can you add v
Judging from similar cases of mine in the past, the person who wants to close the world and sell the calculation has already been settled. This kind of psychology. It is not possible to add V, it involves the return of privacy and the platform prohibits it. You can pay attention to me first, and if you still pay the bill, you can consult me directly.
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Summary. Hello, after the completion of the project, Party A has not settled the way is for the parties to negotiate a settlement, or file a civil lawsuit with the competent court. The statute of limitations for construction payment disputes is generally 3 years, and more than 20 years from the date on which the rights are infringed cannot be protected by the court.
Hello, after the completion of the project, Party A has not settled the disturbance method is for the parties to negotiate and settle, or file a civil lawsuit with the competent court. The statute of limitations for construction payment disputes is generally 3 years, and the court does not protect it for more than 20 years from the date on which the rights are infringed.
According to Article 119 of the Civil Procedure Law, the following conditions must be met: (1) the plaintiff refers to You's citizens, legal persons and other organizations that have 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.
Hello, according to 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, and may also quietly request the people's court to auction the project in accordance with the 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.
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Legal analysis: First, the contractor may first confirm with the employer the cost of the undisputed part, list the disputed items separately, negotiate with the employer separately or file a lawsuit with the court. Secondly, if the employer does not have the sincerity to negotiate, the contractor should file a lawsuit or arbitration as soon as possible for the entire settlement cost or the disputed part, and require the employer to pay the project price and the interest on the outstanding project price calculated from the date of actual delivery of the project, so as to avoid further delay.
Legal basis: "Synovial Fluid of the Civil Code of the People's Republic of China".
Article 807: 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, in addition to the fact that it is not suitable to discount or auction the project according to the nature of the construction project, 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. The price of the construction project shall be compensated in priority with respect to the price of the project at a discount or auction.
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