The survival and development of enterprises can not be separated from the recovery of project funds. At present, when making the contract text, the contractor of the construction project has made detailed and careful provisions on the quality, safety, construction period and project cost of the project. The following is my research paper on project fund recovery, which I compiled for you. I hope it will help you.
Construction enterprises earnestly perform the project contract and complete the construction tasks according to the contract. However, the employer or contractor cannot seriously perform the contract and fails to timely allocate the project funds, which makes it difficult to recover the project funds. Long-term arrears of project funds have seriously affected the lives of employees and the sustainable development of enterprises. This paper thinks about the recovery of project funds in construction enterprises and puts forward some solutions.
Keywords:: Thoughts on the Recovery of Construction Funds of Construction Enterprises
According to the Contract Law of People's Republic of China (PRC), Construction Law of People's Republic of China (PRC), Bidding Law of People's Republic of China (PRC), Budget Law of the People's Republic of China and other relevant laws and regulations, state-owned coal capital construction enterprises actively participate in bidding for various construction projects, earnestly perform the project contract after winning the bid, and complete the construction tasks with good quality and quantity as agreed in the contract. However, the employer and the owner of the construction project failed to pay the project advance payment, project progress payment and project completion settlement payment as agreed in the contract, and some of them were in arrears for a long time, which seriously affected and restricted the sustainable development of enterprises, and some also affected social stability.
First, the status quo of project payment recovery
If construction enterprises want to survive and develop under the market economy, they must actively participate in the bidding of the construction market in order to obtain more projects to maintain their own survival and development. The survival and development of enterprises can not be separated from the recovery of project funds. At present, when making the contract text, the contractor of the construction project has made detailed and careful provisions on the quality, safety, construction period and project cost of the project. The owner will choose enterprises with good reputation, excellent technology and reasonable price from many bidding units to undertake this project. After winning the bid, the enterprise should do everything possible to organize personnel, equipment and funds to invest in the project construction, and the employer should pay the project advance payment according to the contract. However, it is generally difficult for construction enterprises to get the project advance payment now, and those enterprises with good reputation can pay the project payment on time according to the project progress. In recent years, our company has suffered from difficulties in recovering project funds. The contract price of Liuhai mine frame installation project in Longkou, Shandong Province120,000 yuan. No matter how the construction unit wants the project payment, the owner just doesn't give it to the owner. After the completion of this project, the owner defaulted on the project payment of more than 8.9 million yuan, which caused great difficulties to the construction unit.
According to the Notice of the Ministry of Finance and the Ministry of Construction on Printing and Distributing the Interim Measures for the Settlement of Construction Project Price, Chapter III, Settlement of Project Price, Article 14: Relevant? After the completion of the project, both parties shall settle the project completion according to the agreed contract price, contract price adjustment content and claim requirements. Requirements,? The Employer shall pay the completion settlement price to the Contractor for the confirmed completion settlement report, and keep a quality deposit of about 5%, which shall be liquidated after the project is delivered for one year. If there is any maintenance during the warranty period, the expenses incurred will be deducted from the quality guarantee fund. ? However, the actual project completion settlement can't do this. Only after the completion settlement, the employer or contractor fails to pay the project payment to the owner, and it is difficult for the subcontractor to recover the project payment.
Second, the difficulty of project payment recovery
What are the requirements for enterprises under the conditions of socialist market economy? Do a project, build a brand, make a friend and occupy a market? , put forward higher requirements for each project department leader, to do a good job with Party A, the owner, supervision and other aspects, to urge the project manager to do a good job in the project, but also carefully ask for the project payment, for fear of offending Party A and the owner. At this stage, the project payment must be approved by a department of the owner, and it is impossible to get the project payment without a signature, so the construction unit can't offend either Party A or the owner, which makes it difficult to recover the project payment.
At present, it is difficult to recover the project funds, which causes the enterprise funds to be extremely tight and the capital risk to increase greatly. Enterprises borrow money everywhere to help the project department tide over the difficulties. Due to the difficulty in recovering the project funds, employees' salaries cannot be paid on a monthly basis, leased equipment cannot be paid on time, and management fees payable after the completion of construction output value cannot be paid. What should employees pay? Four gold? And long-term arrears. The employer's capital risk brings the contractor's capital risk, and the contractor's capital risk brings serious capital risk to the subcontractor. Due to the difficulty in recovering project funds, it has caused immeasurable losses to the integrity and reputation of enterprises.
Third, thinking about the recovery of project funds.
After a construction enterprise participates in the project bidding, the construction contract signed with the employer or contractor is essentially an extension of the law, under the laws and regulations? Law? . For contemporary China, which vigorously develops the socialist market economy, contracts are of great significance to the creation of social wealth and the stability of trading order. According to Article 8 of China's Contract Law, a legally established contract is legally binding on both parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. ? As for the employer's failure to perform its obligations in accordance with the contract, after the project is completed and settled, the project payment cannot be paid in time, resulting in long-term arrears in the project payment. According to Article 107 of the Contract Law, if a party fails to perform its contractual obligations and the performance of the contractual obligations is not in conformity with the agreement, it shall bear the liability for breach of contract. ? Meanwhile, article 12 1 stipulates? If one party breaches the contract due to the reason of a third party, it shall be liable to the other party for breach of contract. ? In this regard, we should seriously consider the issue of project payment recovery.
1, set up offices to increase the recovery of project funds.
Build an excellent management talent team with strong management ability, which meets the needs of market economy and management means that meet the requirements of modern enterprise system. Change the recovered project funds into emergency project funds, set up an emergency project fund office, designate a person to be responsible for emergency project funds, formulate preferential policies, give certain rewards to those who contribute to emergency project funds, and increase the recovery of project funds.
2. Strengthen emotional ties and strive to recover more project funds.
For the employer or contractor who has been in arrears for a long time, the enterprise should look for people who are closely related to the employer or contractor, strengthen the emotional ties with the employer or contractor, win the understanding and support of the employer or contractor, have more contact, contact and communication with the main personnel of the financial department of the employer or contractor, learn more about the economic situation of the employer or contractor, and strive to recover more project funds.
Managers should change their ideas to meet the new market challenges.
Facing the irregular behavior of the construction market, the profound changes in policy conditions and institutional environment, and the new trends and requirements of the construction market, we should strengthen our sense of innovation, dare to try and practice in the recovery of project funds, learn to act according to market rules, solve the contradictions and problems in the recovery of project funds by market methods, turn difficulties into opportunities, and turn pressure into motivation.
4, safeguard the legitimate rights and interests of enterprises in accordance with the law, and recover the project funds in accordance with the law.
Market economy is legal economy. As the main body of the market, enterprises are the primary objects of market legal regulation. Enterprises establish their image and credit under the guidance of law and seek survival and development under the protection of law. Therefore, in the recovery of project funds, we must safeguard the legitimate rights and interests of enterprises, and those enterprises with long-term arrears of project funds and poor integrity should recover project funds according to law.
Under the condition of market economy, the possibility of economic disputes is a risk for enterprises. Ways to deal with economic disputes include negotiation, mediation, arbitration and litigation. For enterprises that have been in arrears for a long time, they must take the above four ways to recover the project funds. First, consultation, the two sides seek knowledge through mutual consultation and communication, resolve contradictions, and solve the problem of project payment recovery in a cooperative way. This is the first step for us to recover the project payment. Second, mediation is needed. Both parties voluntarily hand over the dispute to a third party, or one party entrusts a third party to come forward and, with the assistance of the third party, find out the facts and clarify the right and wrong. This is the second step for us to recover the project funds. The third step is arbitration. Both parties will submit the dispute to the arbitration institution, which will make a legally binding and enforceable award in accordance with the arbitration procedure. This is the third step for us to recover the project funds. The fourth step we take is litigation. Enterprises that have been in arrears for a long time and refuse to pay the project funds without justifiable reasons should bring a lawsuit to the people's court, and the judicial organ will handle the economic disputes between the parties in accordance with the civil procedure. This is the fourth step for us to recover the project funds. For the above four ways, as long as the project payment can be recovered, no matter which way is adopted, it is feasible. As long as we have firm confidence, appropriate methods and measures and the support of national laws, we will be able to recover, urge and recover the due project funds.
Under the condition of market economy, the finiteness of resources and the diversity of interests are the root causes of interest conflicts. On the basis of being familiar with economic disputes and legal systems, state-owned enterprises should establish internal rules and regulations and legal advisory systems to prevent and deal with economic rectification, protect the legitimate interests of enterprises according to law, and use legal systems to escort the survival and development of enterprises.
References:
1. ling on the management of accounts receivable of construction enterprises Hunan Water Conservancy and Hydropower 20 10 Phase I 75-77
2. Reflections on accounts receivable of construction enterprises in Zhang Yalong Modern Economic Information 2010.16.135.
3. Zhao Xudong "Contract Law" Central Radio and TV University, 2000 edition.
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