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Can I call the police if I don't pay the project fee?
1. Can I call the police if I default on the project payment?
Disputes over breach of contract and arrears of project funds belong to construction contract disputes, belong to civil disputes, and do not belong to the scope of public security organs. Therefore, even if the police are reported, the public security organs cannot file a case.
After the completion of the project, the other party shall perform the acceptance obligation within the time limit stipulated in the contract. Now that the contract has stipulated that the delayed acceptance is regarded as qualified, the other party should fulfill the corresponding payment obligation. If the other party refuses, it can bring a lawsuit to the court for settlement. The agency fee is between 4500 and 5000.
2. Refusing to pay the project payment for various reasons.
1, refusing to pay on the grounds that Party A has not paid.
Countermeasures: List Party A of one contracting party as the defendant (with evidence) or the third party, and handle it separately. At the same time, the court usually does not support the agreement that only Party A, the employer, pays the construction project funds. Of course, you need an experienced lawyer to control the whole thing in order to achieve your goal.
2. Refuse to pay on the grounds of quality or time delay.
Countermeasures: The law clearly stipulates the quality and time delay. For example, unauthorized use is not allowed to claim rights on quality issues, and the progress payment will not be paid if the construction period is postponed. The construction party should identify the reasons for the delay of quality or construction period through professional lawyers, determine the responsible party according to law, and then claim rights according to law. Don't hire unprofessional lawyers to make the excuse of the other party's default on the project payment "fake come true".
3. Refusing to pay on the grounds of change or addition.
Countermeasures: Regarding the above problems, the law also clearly stipulates that "the additional payment shall be paid at the same time as the progress payment". The construction party should hire professional lawyers, carefully study the contract, carefully sort out and collect evidence, and look for legal basis. Don't leave any excuse for breach of contract for the employer.
4. Refusing to pay on the grounds that the construction party quits halfway.
The withdrawal of the construction party is usually due to the breach of contract by the employer or the third party, which leads to the failure to achieve the contract purpose. When claiming the project payment, the construction party must pay attention to the collection of evidence, and keep the evidence of the withdrawal of the site and the evidence of the completed project quantity caused by reasons other than the construction party. If the evidence is incomplete, it can be collected with the help of professional lawyers.
5. Refusing to pay for other reasons.
Countermeasures: There are various reasons for refusing to pay the project payment, such as refusing to pay after settlement, refusing to accept unauthorized use and still not paying.
Including the situations listed in the previous 1-4, the construction party needs to organize the evidence, study the contract, organize the evidence and find the legal basis through professional lawyers. In the case of reasonable evidence, deny all kinds of reasons for arrears one by one.
After obtaining evidence through a lawyer, first ensure that you have fulfilled all your due obligations (including but not limited to notification obligations and dunning obligations, etc.). ) According to the contract and the law, a lawyer's letter is sent to the employer through a lawyer, informing them that they may face huge compensation if they don't pay, so as to achieve the effect of defeating the enemy without fighting. If the goal cannot be achieved, it is necessary to claim rights through the court in combination with the preliminary work.
Third, the treatment of arrears of project funds
1. Call and mail to get it. Often call the construction company to inquire about the progress of the project. Pay attention to the recording when making a phone call, so as to prevent the other party from taking advantage of legal loopholes and keep the evidence in advance. You can also send a reminder letter to the construction company by registered mail and leave it at the end to block the limitation of action.
2. Go to the other company to collect money in person. You can often go to the other company to collect money, and the boss may return the project payment because it is unbearable.
3. Entrust a lawyer to collect money on his behalf. If you don't know how to collect the project payment or have limited energy, you can entrust a professional lawyer to handle it.
In addition to the above, you can also bring a lawsuit to the court. At the same time, it is necessary to provide a guarantee to freeze the property of the construction party and prevent the other company from transferring the property.
5. Put pressure on indebted companies through the media. If the construction party is well-known in the society, or is afraid of the pressure of public opinion, it can be exposed through the media and collect the project payment.
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