What if I don't pay the progress payment?

Collect by phone and letter. Call the construction company frequently to inquire about the progress of the project, and pay attention to the recording work to prevent the other party from exploiting legal loopholes, keep the evidence in advance and make preparations. If necessary, send a reminder letter to another company by registered mail and leave a copy to stop the prescription.

1. What should I do if the project payment on the construction site has been in arrears?

1. Telephone and email collection. Call the construction company frequently to inquire about the progress of the project, and pay attention to the recording work to prevent the other party from exploiting legal loopholes, keep the evidence in advance and make preparations. If necessary, send a reminder letter to another company by registered mail and leave a copy to stop 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. You may meet your boss in a good mood, and you may sign and pay for you with a stroke of a pen, so you should take the initiative to come to the door.

Entrust a lawyer to collect money on his behalf. If your own 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 you solve the problem.

4. Entrust a formal and legal debt collection company for collection. In addition to lawyers, there are also some companies specializing in debt collection. However, when looking for such companies, we should pay attention to finding regular companies and understand their payment 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.

Second, how to prevent arrears in project payment

When reviewing the relevant payment terms in the project contract, we should grasp the following points:

1, the project payment time should be clear.

For the advance payment, it should be paid within seven days before the start of construction in strict accordance with the provisions of the model text, otherwise the construction enterprise has the right to stop work. There are two problems to be paid attention to in the project progress payment: one is the calculation of the project progress payment. The general standard practice is that the constructor shall submit a report on the quantity of completed projects to the engineer according to the special terms and conditions, and the engineer shall verify it within seven days. If it is not verified within seven days, the number of projects listed by the constructor will be considered as approved. The second is the payment of the project progress payment. The standard practice is that within 14 days after the measurement results are confirmed by both parties, the employer shall pay the project payment to the builder. If the project payment is overdue and the deferred payment agreement cannot be reached, the contractor may stop the construction.

2. The legal consequences of overdue payment should be specific and clear.

According to the provisions of the Construction Contract (Model Text), the calculation method of the contractor's loss compensation or the amount or calculation method of the liquidated damages paid by the employer shall be agreed in the special terms. For example, if it can be agreed that the employer will pay the project payment in time, it can be agreed to pay liquidated damages at 1% of the overdue amount for one day.

3, project settlement payment and partial project or the contractor's contracted project completion.

In general construction contracts, it is stipulated that the employer will pay the project settlement money after the project is completed and accepted, but it is not clear whether all the projects are qualified or the contractor's construction part is qualified. Sometimes, the employer often claims that it is impossible to organize the project completion acceptance because some projects (usually some small unfinished projects) are not completed, and does not pay the project settlement money for the completed partial projects.

Third, the legal basis for project payment

civil law

Article 807 Payment of Project Price

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 the project or apply to the people's court for auction according to law, except that it is not appropriate to discount or auction the project according to the nature of the construction project. The price of construction project discount or auction shall be given priority.