On March 20, an interesting incident of returning project funds took place in Shanghai. Because of poor capital turnover, Hu owed Mr. Wu 100,000 yuan for the project. Once, when he was surfing the Internet, he suddenly "opened his mind" and spent 400 yuan to buy 1,000 "exercise coupons" online to pay off his debts. After that, Hu exchanged the first and last exercise coupons with real banknotes. He actually used only 200 yuan of real banknotes and returned the disguised "100,000 yuan in cash" to Mr. Wu's home late at night. Out of trust in Hu, Mr. Wu did not count that night, until the next day when he took it to the bank, he found himself deceived. Finally, Hu Mou, a criminal suspect, was detained by Baoshan police in accordance with the law on suspicion of fraud. Behind
this ironic incident, it reflects the long-standing problem of arrears of project funds in the construction industry. Recently, Zhongtian Finance and the Fourth Bureau of China Construction signed the General Contract for the Construction of the "Shili Huachuan" Project in Guiyang. 6.
It can be seen that the incidents of arrears of project funds always emerge in an endless stream. The Housing and Construction Department began to prescribe the right medicine and launched a series of measures to rectify the phenomenon of arrears of project funds. Established a disciplinary mechanism for arrears of project funds and so on..
3. Establish a list of abnormal wage payments for migrant workers in construction units and construction enterprises, and restrict the construction units and construction enterprises listed in the list in terms of bank credit, financing loans, tendering and bidding, and priority evaluation.
4. Malicious arrears of project funds by construction units shall be included in the scope of rectification in the field of engineering construction. Strengthen the inspection of contract performance, seriously investigate and punish the signing of "Yin-Yang contract" by both contracting parties, and put an end to overlord clauses and hidden arrears.
Fujian:
On March 9, the Notice on the Implementation Measures for the Management of Project Payment Guarantee in the Field of Housing Construction and Municipal Infrastructure Engineering in Fujian Province (Trial) was issued.
Shandong:
On February 1, the policy interpretation of the Notice on Printing and Issuing the Measures for the Implementation of Project Payment Guarantee in the Field of Engineering Construction in Shandong Province (Trial) was issued.
 of the project within the administrative region of Shandong Province is more than 3 million yuan.)
2. The start time is the date of signing the project contract, and the deadline is the completion (handover) settlement of the project calculated according to the contract period, and the project settlement is settled 30 days to 180 days later. The minimum guarantee amount shall be calculated in the form of progressive excess, and shall not be lower than payment amount of a single node project agreed in the project contract, nor shall it be lower than performance guarantee amount. In case of claims, project delays, changes, etc., the construction unit shall extend or adjust the payment guarantee of the project funds as required. At the same time, this part also makes specific provisions for banks and insurance institutions to participate in the system.
3. Before obtaining the construction permit or the approval of the commencement report, or before the contractor enters the site, the construction unit shall provide the contractor with a guarantee for the payment of the project funds. If the advance payment provided exceeds 10% of the contract price, it may be extended to 30 days after obtaining the construction permit or the approval of the commencement report. After receiving the project payment guarantee certificate provided by the construction unit, the contractor shall upload the "supervision platform for wage payment of migrant workers" within 7 days. After the settlement of project completion (handover) is completed, the contractor shall upload the settlement documents and receipt vouchers, and confirm that the guarantee can be released after the settlement is completed. If the platform fails to fill in the relevant information as required, the local industry authorities shall investigate and deal with it according to the early warning information.
4. If the construction unit fails to pay the project funds and other expenses as agreed in the contract, the contractor may require the guarantor to perform the obligation of compensation. If the wages of migrant workers are involved, the guarantor shall pay the compensation within 5 working days after receiving the claim letter. If there is a dispute over the amount of the completed project and the amount of the project payment payable, the guarantor shall first perform the guarantee obligation for the undisputed part.
5. For the construction unit, it is mainly restricted from providing project payment guarantee according to the requirements, reducing the amount of project payment guarantee, canceling or canceling the project payment guarantee without authorization or in disguised form, and not paying the project payment according to the contract. For contractors, restrictions have been imposed mainly from the aspects of obtaining guaranteed funds, not giving priority to the payment of migrant workers'wages, and evading supervision. For the guarantor, it is mainly stipulated from the aspects of delaying or refusing to perform the guarantee obligation, issuing false guarantee vouchers for payment of project funds, unauthorized revocation or cancellation of guarantee, and improper refusal of compensation.
Jiangsu:
On July 20, 2022, the Guiding Opinions on Promoting the Implementation of Guarantee System for Housing Construction and Municipal Infrastructure Projects were issued.
In October 2022, the Ministry of Housing and Urban-Rural Development and other five departments jointly issued the Notice on the Deferred Payment of Project Quality Guarantee.
In 2022, the Ministry of Finance issued the Notice on Improving the Measures for Settlement of Construction Project Prices, which came into effect on August 1, 2022, and the project contracts signed from that date shall be implemented in accordance with this Notice. Among them, it is clear that the progress payment of construction projects of government organs, institutions and state-owned enterprises should not be less than 80% of the completed project price.
Zhejiang:
The General Office of the People's Government of Zhejiang Province issued "Several Opinions on Further Supporting the Construction Industry to Become Better and Stronger", which proposed to increase the proportion of progress payment for government-invested projects from 80% to 85%.
Shanxi:
The Department of Housing and Urban-Rural Development of Shanxi Province and other four departments jointly issued the Notice on Stabilizing the Operation of the Construction Industry and Ensuring the Quality Improvement and Development of the Industry. Clarification: The Employer shall pay the progress payment in full as agreed in the Contract according to the confirmed settlement documents for the current construction process, and the proportion of the progress payment agreed in the Contract shall not be less than 85%; if the Employer fails to pay the progress payment as agreed in the Contract, the Contractor may stop the construction, and the Employer shall bear the liability for breach of contract.
Guangdong:
On July 18, the Development and Reform Commission of Guangdong Province, the Department of Housing and Urban-Rural Development and other seven departments jointly issued the Notice on Regulating the Collection of Construction Margin in the Field of Bidding.
Hubei:
On July 18, Hubei forwarded the Measures of the Ministry of Housing and Urban-Rural Development of the Ministry of Finance on Improving the Settlement of Construction Project Prices:
1. The progress payment of the construction project of government agencies, institutions and state-owned enterprises shall not be less than 80% of the completed project price;
2. The collection standard of the project quality deposit stipulated in the project contract price shall be reduced from 3% of the total settlement amount of the project price to 1.
▌ Tianjin:
On September 7, Tianjin Municipal Finance Bureau and the Notice on Further Implementing the Relevant Opinions on Project Price Settlement:
1. In accordance with the documents of the Ministry, the progress payment of construction projects of government organs, institutions and state-owned enterprises shall not be less than 80% of the completed project price;
2. The Employer shall pay the settlement amount for the construction process according to the procedures, time limit and proportion agreed in the contract. If there is no agreement in the contract or the agreement is not clear, the Employer and the Contractor shall sign a supplementary agreement; the payment proportion of the settlement amount for the construction process can be determined by referring to the payment proportion of the completion settlement;
3. The quality guarantee fund agreed by both parties in the contract shall not exceed 3% of the total project price, and the bank guarantee, guarantee company guarantee and guarantee insurance shall be fully implemented to replace the project quality guarantee fund, and no department or unit shall exclude, restrict or refuse it.
Changzhou:
On September 8, the Changzhou Municipal Bureau of Housing and Urban-Rural Development issued a number of opinions on the implementation of the Provincial Department of Housing and Urban-Rural Development's "Opinions on Implementing the Primary Responsibility of Construction Units for Project Quality", clarifying that the construction unit is the first responsible person for project quality. To actively promote the settlement of the construction process, the contract should stipulate the payment cycle according to the time node or progress node, the payment ratio should not be less than 60% of the current project payment, and the payment of the construction project progress payment of government organs, institutions and state-owned enterprises should not be less than 80% of the completed project price.
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