Banks can do dual-control funds, that is, it is clear under what conditions both parties have dual-control funds, and there is not much cost. If the dual-control funds are paid by you, as long as you abide by the agreement between the two parties in the bank: the funds will be owned by XXX under certain conditions and within a certain period of time, and the money will be returned to you. But if you break the contract, the money will go to the other party. So can a law firm. In fact, any third party that both sides trust can.
The bank's dual control method cancels the project advance payment and implements the performance bond. Intuitively, it is beneficial to the employer and unfavorable to the contractor, because the contractor has to submit the deposit instead of getting the advance payment. This is the inevitable result after the implementation of the list bidding, because the list implements the market competition mechanism, the government's macro-control power is relatively weakened, the contractors are mixed, and there are likely to be many irregularities in the market. Cancel the advance payment and implement the performance bond to ensure the interests of the owners under market conditions. At the same time, the progress payment is agreed in the form of contract, which also ensures that the contractor can receive the project payment according to schedule under normal construction conditions.
Specific case:
Recently, Mr. Zhang, who is engaged in contracted projects, came to the police station to report that he was defrauded of a deposit of more than 450,000 yuan on the grounds of contracted projects. The police learned from Mr. Zhang that as early as 2065438+September 2002, Mr. Zhang met Song, who claimed to be in charge of project contracting and transfer, and the two gradually became friends.
At the end of the year, Song said that he had a big project at hand and asked Mr. Zhang if he was willing to undertake it. After discussing the details with Song, Mr. Zhang decided to take over the list, so at Song's request, he paid the other party a construction deposit of 300,000 yuan in advance.
Because of the introduction of colleagues and friends, while waiting for the official start of the project, Mr. Zhang never had any doubts about Song's life background. After a period of time, Song introduced the new project to Mr. Zhang again, and Mr. Zhang still readily agreed, and at the request of Song, he paid the other party 6.5438+0.5 million yuan in advance again.
However, Mr. Zhang waited for a year and a half, but he didn't wait for the news that the project started, while Song quietly faded out of Mr. Zhang's "circle of friends" until he finally lost contact completely.
Mr. Zhang told the police that out of trust in Song, both sides of the two projects were completed orally and no legal documents were drafted. Today, Mr. Zhang has repeatedly expressed regret and remorse, because he easily trusted the other party and did not sign the agreement according to the formal procedures.
The police then conducted an in-depth investigation and evidence collection on the case, and finally determined that Song was suspected of fraud. In June this year 165438+ 10, the police arrested Song, who was working in a local express delivery company in Kunshan. The police investigating the case learned that Song was also engaged in engineering contracting projects before.
Later, because of business failure, it went bankrupt, with a loss of nearly one million, and even the wages of workers could not be paid. Song, desperate, came up with a faint trick to cheat his colleagues, and what will eventually wait for him will be legal sanctions. At present, Song has been criminally detained by the police in Gusu.