1. What should I do if I don't pay back the project payment?
First, you can ask the other party for repayment through negotiation or through litigation.
1, prepare the evidence and get ready. If necessary, send a reminder letter to the other company by registered mail, leaving a copy to block the prescription.
2. Go to the other company to collect money in person.
If the effect of telephone calls and letters is not satisfactory, you should often go to the other company to collect money. It may happen that the boss is in a good mood, and it is possible to sign the bill with a stroke of the pen, so take the initiative to come to the door.
3. Entrust a lawyer to collect money on his behalf.
If your method is ineffective or your energy is limited, you can entrust a professional lawyer to handle it, and they will use their professional knowledge to help solve the problem.
4. Entrust a formal and legal debt collection company for collection.
In addition to lawyers, there are also some companies that specialize in debt collection. However, when looking for such companies, we should pay attention to finding regular companies and understand their collection methods. If it is illegal, it cannot be entrusted.
5. Bring a lawsuit to the court and provide a guarantee to freeze the assets of the other party.
If negotiation, dunning letter and other methods fail, you can bring a lawsuit to the court. If you want to take the initiative, it is best to provide corresponding guarantees and ask the court to freeze the corresponding assets of the other party, so as to avoid losing money in the lawsuit.
6. Put pressure on indebted companies through the media.
If the other party is a big influential company, it will be more afraid of public opinion. In this case, we can seek the help of the media and create some public pressure for the construction party, which may achieve miraculous results.
Second, what are the relevant provisions for project payment?
1, which stipulates the priority payment of project funds.
According to 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 or request the people's court to auction the project according to law, except that it is not appropriate to discount or auction according to the nature of the construction project. Priority should be given to compensation for the discount or auction price of construction projects.
2, not timely project completion acceptance fee settlement.
In judicial practice, the contractor often delays the settlement for various reasons, but actually delivers the construction project, which seriously infringes on the legitimate rights and interests of the contractor and causes a large amount of project payment arrears. In view of this situation, Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Construction Project Contract Disputes (hereinafter referred to as the Interpretation of the Supreme Court) stipulates: "If the parties agree that the employer fails to reply within the agreed time limit after receiving the completion settlement documents, it shall be regarded as the approval of the completion settlement documents and shall be handled according to the agreement. If the contractor requests to settle the project price according to the completion settlement document, it shall be supported. " According to the provisions of the model text, the employer shall verify, confirm or propose amendments within 28 days after receiving the completion settlement data, and pay the settlement money in time after confirmation. According to this provision of the Supreme Court, if the Employer fails to make timely settlement according to this provision and does not propose amendments, the project payment shall be settled according to the completion settlement document.
3. Protection of the actual constructor
According to Article 26 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Construction Contract Disputes, "the people's court shall accept cases in which the actual constructor takes the subcontractor or illegal subcontractor as the defendant and plaintiff. 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 only undertakes the contracting responsibility to the actual constructor within the scope of unpaid project price. " The progressive significance of this provision lies in requiring the beneficiary of the actual construction party's labor service, that is, the employer of the construction project to bear the legal responsibility for paying the project price, which embodies the protection of the actual construction party to the maximum extent.
4, the interest calculation of arrears of project funds
According to Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Trial of Construction Projects: "If the parties have an agreement on the calculation and payment standard of unpaid project price interest, it shall be handled in accordance with the agreement; If there is no agreement, the interest shall be calculated according to the interest of similar loans of the People's Bank of China in the same period. " At the same time, Article 18 of this Interpretation stipulates the calculation and payment time of interest: "Interest shall be calculated from the date when the project price is payable. If the parties have not agreed on the payment time or the agreement is unclear, the following time shall be regarded as the payment time:
(1) If the construction project has been actually delivered, the delivery date;
(two) the construction project is not delivered, as of the date of submission of the completion settlement documents;
(3) If the construction project has not been delivered and the project price has not been settled, the date when the parties bring a lawsuit. "
In addition, there are other clauses in the Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes, which construction enterprises should also learn and understand, such as the effectiveness of "black and white contracts", the treatment of invalid contracts, the topic of prepayments, the determination of engineering quantities, and the determination of engineering quality. These regulations are closely related to the personal interests of construction enterprises, and construction enterprises must pay attention to learning and understanding.
In our daily life, if someone is in arrears for a long time and still refuses to return the project, it can be solved through litigation or arbitration mediation, because in this case, it is against the law and must be solved. The longer it takes, the worse it will be for the parties concerned.