How can I ask for project payment without a construction contract and settlement sheet?

When there is no written contract but only an oral agreement, it can also show that the two parties have reached an agreement through negotiation and there is an agreement that gives both parties rights and obligations. This oral agreement can also show that the debtor has an obligation to pay the project payment to the creditor, and will be supported and protected legally. But the premise is that there must be sufficient evidence to prove the actual existence of this agreement between the parties and the specific content of the agreement.

1. The creditor should collect evidence in his favor to prove that there is a real oral agreement between the two parties regarding the construction project. For example, emails, letters, text messages, mobile phone chat records and other materials exchanged when the two parties discussed the project; witness testimonies of other persons present during the discussion; audio recordings, videos and other materials during the discussion.

2. Conduct an interview with the debtor before filing a lawsuit, and record or videotape the interview to make him acknowledge that there is indeed a construction project contract between the two parties, and the subject amount and construction of the construction project contract should also be highlighted. The project location and other main contents are asked to confirm the above main contents. Note the recording or recording.

3. If you obtain relevant evidence from the other party to confirm the project payment, you should promptly obtain written materials and have the other party sign and confirm them to be fixed.

4. During the court investigation process, evidence should also be provided to prove the entire process of participation in the construction project. For the completed project, the project site drawings can be used to prove it. Regarding the fact of participation in the construction of the project, witness certificates and contracts with workers, as well as workers’ commuting hours, attendance, and salary payment can be used.

Legal basis:

"Labor Contract Law of the People's Republic of China"

Article 10 To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established but a written labor contract has not been concluded at the same time, a written labor contract must be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 82 If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay twice the monthly salary to the employee.