What should I do if I default on the project payment?

Due to the complexity of the construction project contract itself and the actual situation, disputes over project payment are very common in judicial practice. What often happens when the construction industry defaults on the project payment now, which constitutes a crime? What should I do if I default on the project payment? Next, I have compiled some knowledge about this for you. Welcome to read!

1. It is suggested to sue the court for repayment as soon as possible. Once the limitation of action exceeds two years, the right to win the case will be lost.

2. After winning the case, if the other party fails to perform the judgment of the court within the performance period, it may apply to the court for enforcement.

3. When accepting the execution, the court will inquire about the property, vehicles, securities and deposits under the debtor's name according to law;

4. In addition, there is no executable property in his name, and he refuses to perform the effective judgment of the court. Then his personal credit report will have negative information records such as overdue payment, and will be restricted from high consumption and entry and exit, and may even be punished by judicial custody.

5. Refusing to execute a judgment or ruling is suspected of refusing to execute a judgment or ruling.

6. Article 313th of the Criminal Law stipulates the crime of refusing to execute a judgment or ruling. Whoever refuses to execute the judgment or ruling of the people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Consequences of default on project payment.

The arrears of project funds will bring more social problems, which are embodied in the following aspects: First, the arrears of wages for migrant workers affect social stability. A few years ago, the China municipal government had to help migrant workers ask for wages before the Spring Festival. On the surface, it seems that the construction party is in arrears. In fact, the deeper reason is that the owner is in arrears with the project payment. If the owner defaults on the construction unit, the construction unit will have no money to pay wages. Therefore, at the end of each year, most contractors who are in arrears will feel sad at the end of the year, and sometimes they will pay the wages of migrant workers from bank loans to ease the pressure of public opinion. Second, it seriously affects the operation of enterprises and undermines the economic order of the construction industry. Advance fund contracting (although prohibited in China, it is still more) takes up a lot of working capital of enterprises, which leads to ineffective turnover, arrears of employees' wages, equipment maintenance problems, and some enterprises have closed down.

Amend and improve the "Building Law" to provide a legal basis for completely solving the problem of arrears in project funds.

Chapter 16 of China's contract law clearly stipulates in Article 269 of the Contract Law: "A construction project contract is a contract in which the contractor carries out the project and the employer pays the price." In other words, paying the price is the fundamental obligation of the employer. Sixty-five of the ***85 provisions in the Building Law are related to the quality of the project, but there are no corresponding provisions on the main contents of the contract or the main legal obligations and responsibilities of the employer. The author believes that it is precisely because of the negligence of legislation itself that the arrears of project funds are getting worse and worse. Only by revising and perfecting the construction law can we solve the problem of arrears of project funds from the source. In view of this, the author puts forward the following legislative suggestions:

(1), adding the clause that the employer pays the price when the contractor delivers the project. According to Articles 269 and 286 of the Contract Law, the order of performance of both parties is only in the process of performance. Once the project is completed, the contractor shall pay the price. The employer's responsibility to pay the price is not only to confirm the settlement in time, but also to pay off the price. The responsibilities of the employer include the settlement, confirmation and payment of the project funds, that is to say, handing over the work and handing over the money. It should be clearly stipulated in the revision of the Construction Law: "When the project passes the completion acceptance, the employer must settle the account and pay the project price when the contractor delivers the project." There is a problem of convergence of specific time limits. Originally, it was thought that there was a time process to settle the project price, and it was difficult to operate in practice to hand over the project and pay the money at the same time. This is actually not a reason. Because the Ministry of Finance and the Ministry of Construction stipulated in Article 13 1 of Document No.369: "Payment by installment. That is, projects that started in the same year but could not be completed in the same year will be paid in different stages according to the project image progress. The specific division is clearly defined in the contract. " The settlement of the project price is completely conditional to be carried out in stages, and the completed project funds in the foundation and structure stages should be settled and confirmed in time when the construction continues after completion, so there is enough time to solve this problem in the process of contract performance; At the time of completion acceptance, as a contractor, what needs to be solved at the same time is the settlement of the decoration stage and the summary adjustment of the total cost after completion. At the same time, the revision of the Building Law should be accompanied by the corresponding management responsibilities of the competent authorities. Why should we manage the contractor's project quality through acceptance and filing, and why not pay the employer accordingly?

(2), increase the contractor has the right to lien before receiving the price of the project. With regard to the contractor's right to retain the project when the project price has not been received, Article 28 of the Contract Conditions for Construction Projects (Model Text) (version 199 1) jointly issued by the State Administration for Industry and Commerce and the Ministry of Construction stipulates: "If Party A violates relevant regulations and agreements and the handling bank cannot pay the project price, Party B may retain part or all of the project and properly protect it, and the protection fee shall be paid by.

However, Article 2 of the Guarantee Law, which came into effect on 1 995+1October1,stipulates: "In economic activities such as lending, buying and selling, goods transportation, processing and contracting, if creditors need to guarantee the realization of their creditor's rights, they may establish a guarantee in accordance with the provisions of this Law. The guarantee methods stipulated in this Law are guarantee, mortgage, pledge, lien and deposit. " At that time, the market and academic circles generally believed that the construction project belonged to real estate, so Article 32 "Completion Acceptance" of the 1999 version of "Construction Contract of Construction Project (Model Text)" deleted the corresponding clauses of the reserved project. As the aforementioned Article 287 of the Contract Law has in fact made it clear that the construction project contract belongs to the contracting contract, it is necessary to stipulate in the revision of the Construction Law that the employer has to pay the price to deliver the project. It should also be clearly stipulated: "When the Employer fails to pay the price, the contractor has the right to keep the project. After the contractor urges the employer not to pay within a reasonable period of time, the contractor has the right to exercise the priority of compensation. "

(3) Increase the relevant provisions of the competent government departments to strengthen the supervision of fee payment. The current "Building Law" and supporting laws and regulations have a complete legal system for contractors to complete the project construction, including ensuring the quality and safety of the project, and the competent government departments have effective supervision and management measures for contractors to complete the project construction. According to the principle of fairness, the law should stipulate that the payment price paid by the competent government department to the employer includes settlement confirmation and payment supervision and management, and should also stipulate a complete and effective legal system. For example, if the employer does not pay the project price, it may not go through the completion filing procedures. In fact, the State Council's Notice on Solving the Problem of Arrears in Construction Projects (Guo Fa [2003] No.94) contains a series of restrictive measures for the employer not to pay the project funds in time. In order to make these administrative measures really work, it is necessary to make them into law. Only in the design of legal system, strengthening the supervision and management of the competent department on the payment of fees has become a strong legal constraint on the arrears of project funds, and this long-standing problem of arrears of project funds can be solved according to law.

(4) The promulgation of the new building law needs a series of legislative procedures. In order to meet the actual needs of clearing debts, it is suggested that the relevant administrative departments formulate specific rules within the legislative authority to further standardize the construction market, and also provide a practical test of the legislative effect for the revision of the Construction Law. The Ministry of Construction or the Ministry of Construction in conjunction with relevant ministries and commissions shall formulate ministerial regulations as soon as possible to solve the arrears of project funds and prevent new arrears, and gradually improve them in implementation. From an administrative point of view, the relevant measures that need to be introduced urgently mainly include: supervision measures for capital implementation and price allocation of construction projects, interim provisions for determining cost price by bid evaluation of construction engineering committees, relevant provisions for excessive price increase of construction engineering materials and equipment, management measures for construction engineering contracting with capital, management measures for construction engineering quality insurance and risk, and management measures for price settlement and completion delivery.

From the analysis of tendentious problems existing in operation practice, the above management methods are urgently needed. It is suggested that the national construction authorities should strengthen investigation and study and issue the above-mentioned ministerial regulations as soon as possible.