However, the construction unit only bears the joint and several payment responsibilities within the unpaid project funds. The Supreme People's Court's Interpretation on the Applicable Law in the Trial of Disputes over Construction Contracts Article 26 If the actual constructor takes the subcontractor or the illegal subcontractor as the defendant, the people's court shall accept it according to law.
If the actual contractor claims rights with the employer as the defendant, the people's court may add a subcontractor or an illegal subcontractor as a party to the case. The Employer is only liable to the actual constructor within the unpaid project price.
The Interim Measures for the Settlement of Construction Project Price stipulates that:
Eleventh project price settlement shall be handled in accordance with the contract, the contract is not agreed or the agreement is not clear, the employer and the contractor shall negotiate the documents in accordance with the following provisions:
(a) the relevant laws, regulations and rules of the state;
(two) the relevant provisions of the the State Council municipal construction administrative departments, provinces, autonomous regions, municipalities directly under the central government or other relevant departments promulgated the project cost valuation standards, valuation methods and so on;
(three) the contract, supplementary agreement, change visa and on-site visa of the construction project, and other valid documents recognized by the contractor;
(four) other materials that can be based on.
Thirteenth project progress payment settlement and payment shall meet the following requirements:
(1) Settlement method of project progress payment
1, paid monthly. That is, the method of paying the progress payment on a monthly basis and liquidating after completion is implemented. For projects with a contract term of more than two years, the project inventory should be made at the end of the year, and the annual settlement should be handled.
2. Settlement and payment by sections. That is, projects that started in the same year but could not be completed in the same year will be paid in different stages according to the project image progress. The specific division is clearly stipulated in the contract.
(2) Calculation of engineering quantity
1, the contractor shall, in accordance with the way and time agreed in the contract, submit a report on the completed quantities to the employer. The Employer shall verify the completed quantities within 65,438+04 days after receiving the report, and notify the Contractor 65,438+0 days before verification. The contractor shall provide conditions and send personnel to participate in the verification.
The contractor does not participate in the verification after receiving the notice, and the quantities verified by the employer are used as the basis for paying the project price. The employer failed to notify the contractor at the agreed time, which led to the contractor's failure to participate in the verification, and the verification result was invalid.
2. If the Employer fails to verify the completed quantities within 14 days after receiving the contractor's report, the quantities reported by the contractor shall be regarded as the basis for paying the project price from 15 days. Unless otherwise agreed in the contract, the contract shall prevail.
3. The Employer will not measure the contractor's quantities beyond the design drawings (including design changes) and rework caused by the contractor.
(III) Payment of progress payment
1. According to the determined engineering measurement results, the contractor applies to the employer to pay the project progress payment. /kloc-within 0/4 days, the employer shall pay the progress payment to the contractor at not less than 60% and not more than 90% of the project price.
The advance payment that should be deducted by the Employer at the agreed time shall be settled and deducted at the same time as the project progress payment.
2. If the Employer fails to pay the project progress payment within the agreed payment time, the Contractor shall promptly send a dunning notice to the Employer. If the employer fails to pay as required after receiving the notice from the contractor, it may negotiate with the contractor to sign a deferred payment agreement.
Payment can be postponed with the consent of the contractor. The agreement shall specify the time of deferred payment, and calculate the interest payable from the15th day after the confirmation of the engineering measurement results (the interest rate is calculated according to the bank loan interest rate for the same period).
3. If the employer fails to pay the project progress payment as agreed in the contract and both parties fail to reach an agreement on deferred payment, the contractor may stop the construction, and the employer shall bear the liability for breach of contract.
Article 14 After the completion of the project, both parties shall settle the project completion according to the agreed contract price, contract price adjustment content and claim requirements.
Dispute settlement of engineering price expansion data;
The Interim Measures for the Settlement of Construction Project Price stipulates that:
settlement of dispute
Eighteenth engineering cost consulting institutions shall accept the entrustment of the employer or the contractor, prepare and review the project completion settlement, and handle it carefully according to the contract and the actual performance. The completion settlement report issued by the employer and the contractor shall take effect after being signed by both parties.
If one party disagrees with the report, it may apply to the relevant departments for consultation and negotiation. If no agreement can be reached, both parties can handle it according to the dispute or dispute settlement procedures agreed in the contract.
Article 19 If the Employer has any objection to the project quality, the project quality dispute that has been completed and accepted or has not been actually put into use shall be implemented in accordance with the project warranty contract.
For completed projects that have not been accepted and actually put into use, as well as projects that have been stopped or stopped, the completion settlement of disputed parts will be suspended.
Both parties may entrust a qualified testing and appraisal institution to test the disputed project, determine the solution according to the test results, or implement it according to the treatment decision of the project quality supervision institution, and the rest of the completion settlement shall be handled as agreed.
solution
Twentieth project cost contract disputes, can be resolved through the following ways:
(1) Both parties reach an agreement through consultation;
(two) according to the terms of the contract to submit an application for mediation;
(three) to apply for arbitration to the relevant arbitration institutions or to the people's court.