Is the project payment the wages of migrant workers?

From the source to prevent arrears of project funds and wages of migrant workers, Shandong promotes the settlement of construction process! Bao Gong. com

Construction project settlement begins with advance payment settlement and ends with completion settlement, and dynamic mechanism is introduced into construction process settlement. According to the opinion, the settlement of construction process refers to the activities of both parties to the contract to calculate, confirm and pay the price in stages for the quantities (including changes, visas, claims, etc.). ) completed within the agreed time limit during the project construction.

Different from the traditional mode that the settlement of project progress payment does not measure the quantities that the contractor exceeds the scope of design drawings (including design changes) and rework due to the contractor's reasons, the settlement of construction process will be based on the price changes caused by changes in laws and regulations, policy adjustments, missing items or deviations in the bill of quantities, price changes and temporary valuation adjustments, as stipulated in the state price Code. As well as changes, visas, claims and other matters are included in the measurement category, aiming at splitting and prepositioning the traditional completion settlement, so as to improve the calculation, adjustment, confirmation and payment of qualified completed quantities in the construction process.

Its smooth development will effectively solve the project settlement problem, prevent the default of funds from the source, and promote the comprehensive upgrade of project process management and even construction management mode.

1, dynamically control the cost and effectively solve the settlement problem.

The key points of settlement in the construction process include: timely settlement and payment according to the contract and the agreed settlement cycle.

Focusing on contract management, on the one hand, the Opinions guide the general contracting projects invested by the society to adopt the general contracting contract, require the general contracting contract to stipulate the payment cycle nodes and payment proportions, and then only review the adjustable parts agreed in the contract during the settlement of the construction process; On the other hand, it will also guide unit price contract to fix the total project price, and then only deal with the necessary visa changes and poor material adjustments in the settlement of the construction process to avoid double checking the quantities. This reduces the workload of change and adjustment in the construction stage of the project, which is helpful to simplify the settlement in the construction process.

Focusing on the settlement period, the Opinions, from a macro perspective, guide both parties to clearly agree on the division method of settlement period, according to the construction image progress or according to the construction time period. The former refers to dividing the settlement period according to the completion of the main part of the project, while the latter refers to dividing the settlement period by month, quarter and year.

Around the settlement activities, the Opinions give the reference settlement process, payment proportion and payment time limit, so as to guide both parties to confirm and pay the qualified completed project price in time according to the agreement; It also stipulates the content of the process settlement report, the calculation method of measurement fee and the settlement principle of measurement and pricing disputes. The Opinions also clarify that the process settlement documents confirmed by both parties are an integral part of the completion settlement documents and will not be reviewed after completion. This is in line with the "Guiding Opinions on Further Promoting the Reform of Project Cost Management" proposed by the Ministry of Housing and Urban-Rural Development, that is, "implementing process settlement and simplifying completion settlement".

2, standardize the payment, from the source to prevent payment default.

By standardizing all aspects of settlement in the construction process, the Opinions clarify the procedures and standards of settlement in the construction process in practice, and are committed to solving the problems of complicated settlement due to excessive price adjustment, settlement disputes due to weak process management, and arrears in project payment due to long settlement time in the traditional mode, thus solving the difficult problem of project settlement from the source.

In order to prevent the project payment from defaulting, the Opinions also regulate it from three dimensions: improving the prior fund guarantee and requiring the construction unit to ensure that the project payment is in place; Carry out the project payment guarantee system and introduce economic means to ensure the project payment; Afterwards, the relevant subjects who maliciously delayed settlement, defaulted on project payment, owed wages to migrant workers, and had poor contract awareness were dealt with according to laws and regulations, and recorded in bad behavior records.

Ensuring the payment of the price through the settlement of the construction process will also help to curb the phenomenon of arrears of wages for migrant workers due to arrears of construction funds and establish a long-term mechanism to prevent arrears of construction funds and wages for migrant workers. In addition, Shandong Province will go hand in hand with the trial wage guarantee insurance for migrant workers in August 1, and further safeguard the legitimate rights and interests of migrant workers in the construction industry.

Many places have also deployed two-line disbursement of project funds and wages in the settlement of construction process. For example, the Notice on Settlement of Construction Process of Housing Construction and Municipal Infrastructure Projects issued by the Housing and Construction Department of Sichuan Province requires that, in accordance with the relevant requirements of the Provisions on the Payment of Wages for Migrant Workers, the time limit for the allocation of labor costs should be separately agreed in the bidding documents and construction contracts.

3. Optimize project settlement and improve project process management.

To carry out the settlement work in the construction process, both parties are required to carry out cost management throughout the whole construction process, make a good record of project visas, and truthfully handle the calculation, confirmation and payment of on-site visas, project changes and claims; Supervisors are also required to strictly supervise the progress, quality, safety and cost in the construction process to ensure the quality of process settlement; The competent department is also required to strengthen the project cost management and valuation basis service, improve the settlement rules of the construction process, guide both parties to decompose the cost target of the settlement cycle of the construction process in the whole process cost control, and take effective measures to control the total project investment.

Settlement during construction is not an isolated existence. As a concentrated embodiment of project process management in terms of cost, its smooth development can not be separated from the support of project process management. In the long run, it is necessary to establish and improve the whole process management system of project cost, support the development of whole process cost consulting services, improve supporting systems such as investment approval, construction management, bidding, financial evaluation and project audit, and promote the reform of project cost as a whole.

It is not difficult to find that the implementation of construction process settlement is a major reform that "affects the whole body". This time, Shandong is also committed to taking the settlement reform as a breakthrough, seeking the transformation and upgrading of the organization and management mode at all stages of construction project decision-making, preparation, transaction and implementation, so as to deepen the management reform of the construction market and promote the high-quality development of the construction industry.

The implementation of construction process settlement can shorten the completion settlement time, improve the efficiency of project settlement, and effectively curb the arrears of wages of migrant workers due to arrears of project funds, which is also the reason why the Ministry of Housing and Urban-Rural Development recently requested "full implementation of construction process price settlement payment" in the project cost reform work plan. It should also be noted that any practice that touches on industry habits and vested interests will encounter the problems of difficulty and slowness in implementation, which also requires the full cooperation of the competent departments and the comprehensive use of administrative regulations and economic means to promote the settlement of the construction process.