Shanyang a project completed more than half a year without payment of the project, the construction unit: negotiated settlement after the commencement

2022-05-15 0 By

Under normal circumstances, after the construction party has completed the project, the project construction unit shall pay the project fee according to the contract until it passes the acceptance inspection.However, the first stage of the security and public broadcasting project of Wancheng City Square in Shanyang County has been completed for more than half a year. Despite the acceptance and signing of many departments and the issuance of invoices, the payment of the project construction unit has not been issued yet, and the construction party has repeatedly asked in vain.Contractor: the project should be less than, wages are not clearing the year of the tiger on the eve of Spring Festival, shaanxi China wins and intelligent network technology co., LTD. (hereinafter referred to as hua sheng wang, director of (a pseudonym) to the Chinese – two of the three mile, according to the information reflected in February 2021 yuet wins and shaanxi wancheng real estate development co., LTD. (hereinafter referred to as wancheng) network and monitoring system engineering contracts.As the construction party, Huasheng company is responsible for the security and public broadcasting project of Wancheng City Square, Shanyang County.Mr. Wang told reporters that the total price of the contract signed is 280,000, according to the construction progress divided into three stages of payment.At the end of the first stage of the project, 140,000 yuan shall be paid according to the contract, including the installation of the bridge and comprehensive wiring.Huasheng led six workers to start construction on February 25, 2021. The bridge frame was installed in place and cables were laid out on April 10, 2021.On July 30, 2021, the project was accepted and signed by all departments, and invoices were issued.”Our company submitted the invoice to the finance department of Wancheng Company, but the first-stage project payment of 140,000 yuan has not been issued yet.I have repeatedly sought the project department, financial department and general office of Wancheng Company, but they all put me off for various reasons.”Mr. Wang said, “We should have settled the project payment after the acceptance, but now it has been delayed for more than half a year, not a cent has been paid, and workers’ wages have not been paid.”Project construction unit: The settlement will be negotiated after the commencement of construction. The reporter saw the agreement of both parties on the contract provided by Mr. Wang. Within 5 working days after the completion of the first-stage project and the acceptance of the project, Wancheng Company, the project construction unit, shall pay 50% (140,000 yuan) of the total project cost to Huasheng Company.The date of completion of the project is July 30, 2021.On January 21, 2022, the reporter contacted The project leader of Wancheng Company Yang, who said that the company has been on holiday, will ask the specific situation of the company by phone.On January 25, Yang mou told reporters, the project contract to another person, Huasheng company belongs to contract again, as for the specific still need to communicate with leaders.On February 8, the reporter contacted Yang again, Yang said on February 10 to go to work, such as he arrived at the company, can let huasheng company to consult with him on the site to solve.February 10, Mr. Wang told reporters that for Yang mou’s view, he does not recognize.The project was introduced by others, and Huasheng company signed the contract directly with Wancheng Company. If Wancheng Company and Yang delay again, he can only solve the matter through judicial procedures.Lawyer: shall be carried out in accordance with the contract, or overdue should pay liquidated damages in shaanxi hengda lawyers senior partner, well-known public welfare Zhao Liangshan think: if China wins company directly and wancheng company signed a contract, so China win company established a construction contract relationship with wancheng company, hua sheng company owes a duty of the construction, the payment obligation wancheng company.Therefore, it shows that the statement that “the project is contracted to another person, and Huasheng company belongs to re-contracting” claimed by Yang, the project manager of Wancheng Company, is not tenable. According to the relativity of the contract, Wancheng Company can only pay the project to Huasheng Company.Zhao Liangshan pointed out that if expressly agreed upon in the contract, within 5 working days after acceptance of work, wancheng companies deal with China – 50% of the total payment (140000 yuan), and project completion acceptance certificate signed by time is on July 30, 2021, then the wancheng company that should be paid on August 5, 2021 China wins company 50% of the total payment (RMB 140000).Zhao Liangshan suggested that wancheng company as far as possible and Huasheng company to negotiate the handling of the project, such as negotiations, Huasheng company can be based on the construction contract signed with wancheng company, appeal to the court, wancheng company to pay the project and overdue payment of liquidated damages or interest.For this matter, China Business Daily – ersanli information will continue to pay attention to.Source: Ersanli information