The project is defaulted building an industry is very common, defaulting project money is to say to be in construction project, hair bag just does not press a contract or settle accounts report pays a project the money, bring about default contract square project, and contracting to just default the business that distribute a packet to wait again is debt. How long do that defaults project money break the law?
Law girl netizen seeks advice:
My husband goes to work in building site, help a boss work at ordinary times, but salary often does not take money, excuse me everybody default project money how long to calculate those who break the law?
Wang Tao's lawyer solves:
At present law does not have specific provision, if was to conclude contract, did not fulfil obligation according to contract agreement, belong to break a contact. Inside two years since the day that from the contract the agreement expires, the other side is to be able to sue what ask to fulfil a contract to the court.
Wang Tao's lawyer is compensatory:
When to engineering contract article of concerned project money undertakes examine and verify, want to hold the following:
1, project money pays time to should be made clear
To advancing a money, should strict the regulation according to demonstrative text, pay inside before start working 7 days, otherwise construction company has authority stop work. Answer to project plan money advertent two titles: It is the computation of project plan money, the course of action of average standard is the report that the agreement that executes a worker to press special provision submits finishing already Cheng to measure to the engineer, the engineer is become in 7 days of a person operating from within in coordination with outside forces check and ratify, do not grant to check inside 7 days, the project amount of construction person draw up regards as be approved. The 2 disbursement that are project plan money. Normative course of action is bilateral after confirming metric result inside 14 days, the person that send a package should pay a project the money to construction person, exceed the time limit does not pay, cannot reach deferred payment agreement again, bring about construction to cannot undertake, contract to just can halt construction.
2, the law that exceed the time limit pays is sequential should specific
Basis " contract of construction project construction (demonstrative text) " agreement, the number that perhaps sends packet of person to pay penalty due to breach of contract about the losing calculation method that reimburses a contractor or computational method should be in the agreement in having an article only. Can agree exceed the time limit of the person that send a package pays a project the money for example, can agree exceed the time limit should press amount of exceed the time limit one day 1% pay penalty due to breach of contract.
3, money of project settle accounts pays to divide a project or construction person to contract with branch project complete link up with
Build the agreement in engineering construction contract commonly, project complete checks and accept late bag person to pay project settle accounts the money, but complete acceptance of work still contracts complete checks and accept square construction part to be not made clear, send a bag to often just claim to distinguish a project as a result of the ministry sometimes (often be a few small round off projects) not finishing, cannot organize project complete to check and accept, and the money of project settle accounts that does not pay already finishing branch to distinguish a project.
Epilogue of Wang Tao's lawyer: If one party defaults project money, end what date is to be able to begin computational accrual. And if if party wants to put forward lawsuit to search to the court,returning project money, ought to begin consideration from what date, want to notice evidential reservation between litigant process, still have to defaulting person reasonable and lawful accuse.
