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What kind of dispute is the project payment dispute

Lei** Jiangsu Lianyungang Consultation on project payment disputes 2022.06.12 03:13:32 352 people read

engineering funds What is the dispute

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Region: Sichuan Chengdu

1. The project payment dispute belongs to civil dispute. In case of any dispute over the project payment, it can negotiate in advance and urge the contractor to pay the price within a reasonable period; If the negotiation fails, relevant evidence can be collected to request the people's court to auction the project according to law, and the auction price of the project will be compensated.
2. Legal basis; Civil Code
Article 807 If the developer fails to pay the price as agreed, the contractor may demand the developer to pay the price within a reasonable period. If the developer fails to pay within the time limit, in addition to the fact that it is not suitable to discount or auction the construction project according to its nature, the contractor may negotiate with the developer to discount the project, or request the people's court to auction the project according to law. The price of the construction project shall be paid in priority from the price of the project converted or auctioned.

2022-06-12 03:15:32 Reply

Hello, my answer to this question is as follows,
The answer to this question is as follows:
In case of dispute, it is recommended that both parties negotiate first; If they can't negotiate, they can protect their rights.
The following procedures are generally required for a lawsuit:
(1) Write a good book
(2) Bring evidence and books to file and pay legal fees
(3) The hearing process mainly includes: reading out the legal discipline, opening remarks, asking whether to withdraw, whether to receive the inquiry materials, the court investigation stage (specifically including the plaintiff's statement, the defendant's defense, the plaintiff's adduction of evidence, the defendant's cross examination, the defendant's adduction of evidence, the plaintiff's cross examination, and the judge's questioning), the court debate stage, the final statement stage, the verification of transcripts after the withdrawal, and the sentencing.
The more important stage is the court investigation and court debate. In the court investigation phase, cross examination is more important. In the debate stage, the parties can elaborate their own views around the focus of the case and fully exercise their right to defense. After the end of the court debate, the mediation is conducted under the auspices of the judge, and the parties can reach a mediation agreement of their own free will. If a mediation agreement cannot be reached, the judge will make a ruling.
(4) Execute the judgment. If the losing party does not take the initiative to perform the obligations specified in the effective judgment document, the winning party may apply for compulsory execution according to law.

Hello, the answer to the above question is as follows. According to the provisions of relevant laws in China, the project contract disputes are subject to the jurisdiction of real estate disputes, and the real estate disputes are subject to exclusive jurisdiction, so the disputes over the payment of project funds are subject to exclusive jurisdiction.
Civil Procedure Law of the People's Republic of China
Article 33 Exclusive jurisdiction
The following cases shall be under the exclusive jurisdiction of the people as stipulated in this Article:
(1) A lawsuit brought on a real estate dispute shall be under the jurisdiction of the people in the place where the real estate is located
(2) A lawsuit brought on a dispute arising from port operations shall be under the jurisdiction of the people in the place where the port is located
(3) A lawsuit brought on a dispute over inheritance shall be under the jurisdiction of the people in the place where the decedent has his domicile at the time of death or where the main estate is located.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
Article 28 Civil Procedure Law
Article 33
The real estate dispute specified in the first paragraph refers to the real right dispute caused by the confirmation, division and neighboring relationship of the right of the real estate.
Disputes over rural land contractual management contracts, housing lease contracts, construction project construction contracts, and policy based housing sales contracts shall be governed by real estate disputes.
If the real estate has been registered, the location recorded in the real estate register is the location of the real estate. If the real estate has not been registered, the actual location of the real estate is the location of the real estate.
Article 213 A lease contract includes terms such as the name, quantity, purpose, lease term, rent and its payment term and method, and maintenance of the lease item.
Article 226 The lessee shall pay the rent at the agreed time. Where the time limit for payment was not prescribed or clearly prescribed, this Law shall apply
If the provisions of Article 61 are still uncertain and the lease term is less than one year, the payments shall be made at the expiration of the lease term. If the lease term is more than one year, the payments shall be made at the expiration of each year. If the remaining period is less than one year, the payments shall be made at the expiration of the lease term.

Hello, the answer to the above question is as follows. According to the provisions of relevant laws in China, the project contract disputes are subject to the jurisdiction of real estate disputes, and the real estate disputes are subject to exclusive jurisdiction, so the disputes over the payment of project funds are subject to exclusive jurisdiction.
Civil Procedure Law of the People's Republic of China
Article 33 Exclusive jurisdiction
The following cases shall be under the exclusive jurisdiction of the people as stipulated in this Article:
(1) A lawsuit brought on a real estate dispute shall be under the jurisdiction of the people in the place where the real estate is located
(2) A lawsuit brought on a dispute arising from port operations shall be under the jurisdiction of the people in the place where the port is located
(3) A lawsuit brought on a dispute over inheritance shall be under the jurisdiction of the people in the place where the decedent has his domicile at the time of death or where the main estate is located.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
Article 28 Civil Procedure Law
Article 33
The real estate dispute specified in the first paragraph refers to the real right dispute caused by the confirmation, division and neighboring relationship of the right of the real estate.
Disputes over rural land contractual management contracts, housing lease contracts, construction project construction contracts, and policy based housing sales contracts shall be governed by real estate disputes.
If the real estate has been registered, the location recorded in the real estate register is the location of the real estate. If the real estate has not been registered, the actual location of the real estate is the location of the real estate.
Article 213 A lease contract includes terms such as the name, quantity, purpose, lease term, rent and its payment term and method, and maintenance of the lease item.
Article 226 The lessee shall pay the rent at the agreed time. Where the time limit for payment was not prescribed or clearly prescribed, this Law shall apply
If the provisions of Article 61 are still uncertain and the lease term is less than one year, the payments shall be made at the expiration of the lease term. If the lease term is more than one year, the payments shall be made at the expiration of each year. If the remaining period is less than one year, the payments shall be made at the expiration of the lease term.

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