1. If the construction contract has not been signed and the construction party cannot get the project payment, the construction party can collect the project budget and final accounts report and other evidence related to the project payment first; Process acceptance, settlement voucher, quality inspection report, etc. Should be handled as follows:
(1) reconciliation. That is, the parties themselves negotiate to solve it. The parties are the main body of civil disputes and have complete right to dispose of the disputes. Whether, when and how to exercise the disciplinary power is up to the parties themselves.
(2) mediation. According to certain social norms (habits, ethics, laws and other norms), the third party other than the parties to the dispute communicates information between the parties to the dispute, puts forward facts and makes sense, promotes mutual understanding and compromise between the parties to the dispute, and thus reaches an agreement to finally resolve the dispute.
(3) arbitration. A dispute resolution mechanism for submitting disputes to arbitration institutions for arbitration. The arbitral award is final. If one party fails to perform the arbitration award, the other party may apply to the court for compulsory execution.
(4) litigation. A system in which one party makes a request to the court and the court decides the dispute. Litigation is the final and authoritative dispute resolution mechanism and the last barrier for the parties to safeguard their rights.
2. Legal basis: Article 3 of People's Republic of China (PRC) Civil Procedure Law.
Article 2 of the Arbitration Law of People's Republic of China (PRC)
Second, the actual construction who can recover the project?
(a) first of all, know what kinds of actual contractors are mentioned here, and the legal contractor is not the actual contractor.
The actual constructors are of the following types:
1, subcontractor;
2. Illegal subcontracting of contractors;
3. Contractors who have not obtained the qualification of construction enterprises;
4. Engaging in construction projects in the name of a qualified construction enterprise beyond the qualification level and without qualification;
5. The contractor of a construction project construction contract that must be tendered but not tendered or whose tender is invalid.
(2) The actual construction party has the following ways to recover the project payment:
1, mode 1, the actual construction party must first claim rights from subcontractors and illegal subcontractors.
The actual construction party often signs contracts with subcontractors and illegal subcontractors, and is the counterpart of subcontracting or illegal subcontracting. When the actual constructor sues for the project payment, he should first claim the rights from the subcontractor or illegal subcontractor who has a contractual relationship with him, which is the main channel and leading direction for the actual constructor to claim the rights.
2. In the second way, the actual constructor can directly sue the defendant on behalf of the employer.
The actual construction party directly asks the employer for the project payment, which is the performance of exercising subrogation. In the prosecution, the employer is the defendant, and the subcontractor and the illegal subcontractor are the third party. The Employer is only responsible for the actual constructor within the scope of project payment default.
According to the provisions of the Civil Procedure Law, if the construction party cannot obtain the project payment without signing the project construction contract, the construction party can recover the project payment through self-negotiation, applying for mediation, applying for arbitration or bringing a lawsuit to the court. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.