[Direct answer]This doesn't mean that settlement is impossible. The visa form is an important piece of evidence to prove the project scope and changes, but it's not the only evidence. According to the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes" and the provisions on construction contracts in the Contract Chapter of the Civil Code of the People's Republic of China, the project price shall be settled according to the contract agreement and the actual completed project scope; when the visa form is lacking, the actual construction situation can be corroborated by supervision logs, construction records, meeting minutes, correspondence, on-site photos and videos, project scope reconciliation, progress payment records, and witness testimonies, etc. If necessary, an application for engineering cost appraisal can be made. Action guidance: collect alternative evidence as soon as possible, form a complete chain of evidence, and apply for appraisal of the disputed parts.

I. Problem Background and Typical Scenarios

The poor management of construction site data, with visa forms being lost or never processed, is a major cause of settlement disputes. A typical scenario is: the contractor increases the project scope based on verbal instructions, but the visa forms are subsequently lost, and the employer refuses to pay on the grounds of "lacking supporting evidence"; or the employer only realizes at the settlement stage that key change documents are not in their possession. The loss of visa forms does not mean that the project payment will be lost altogether.

II. Key points of contention

Firstly, the evidentiary role of the visa form and the effectiveness of alternative evidence; Secondly, how to determine the actual quantity of work and the facts of changes; Thirdly, the role of appraisal opinions in settlement; Fourthly, how to allocate the burden of proof. The core issue is whether other evidence can reconstruct "what was actually done and how much was done".

III. Professional analysis by Henglue Law Firm

The experience of Henglue in handling construction project disputes shows that the chain of evidence is more important than a single piece of evidence. The core function of the signing certificate is to prove that the employer has issued instructions or confirmed the extra work and changes outside the contract. Therefore, when it is missing, it can be strengthened from three aspects: First, procedural documents such as supervision logs, project meeting minutes, supervision notifications, construction organization design and technical disclosure records, which often record the construction content and workload; Second, correspondence and video evidence such as letters, emails, chat records, site photos and videos, and concealed project acceptance records, which can confirm the facts of changes and the construction process; Third, financial and settlement evidence such as progress payment applications and payment records, reconciliation statements, material procurement and transportation certificates, and labor and machinery input records, which can indirectly reflect the workload. If the above evidence is still insufficient to determine the workload, an application for project cost appraisal can be made according to law, and the professional institutions will make a judgment based on the contract, drawings, site conditions and industry pricing rules. It should be noted that if the employer denies the facts of changes, the court will judge based on the comprehensive evidence of the whole case; the contractor should try to form a situation where multiple pieces of evidence corroborate each other, rather than relying on a single piece of material. In practice, the contractors often make mistakes such as: changes are only made orally and no records are kept afterwards; or evidence is scattered among project managers and work teams and not timely summarized. Therefore, once the signing certificate is found to be missing, the collection of evidence and the fixing of the site situation and the sorting of available materials should be initiated immediately. When the Beijing area courts handle such cases, they usually pay attention to reviewing the objective basis of the workload and changes, and the continuity of the evidence is particularly crucial. It is recommended that the signing system be strictly implemented in the future, with one change requiring one signing certificate and timely signing and recognition for preservation.

IV. Practical suggestions and legal basis

The first step is to immediately collect alternative evidence such as supervision logs, meeting minutes, correspondence, and on-site images; the second step is to organize records of progress payment, account reconciliation, and material procurement to substantiate the project scope; the third step is to form multiple pieces of evidence that corroborate each other regarding the changes that the employer denies; and the fourth step is, if the dispute cannot be resolved, to apply for an engineering cost appraisal and have the court determine the facts based on the appraisal and evidence. Main legal basis: - "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes" (effective January 1, 2021); - Articles 788 to 808 of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Don't panic if you lose the visa form. First, gather together the supervision logs, letters, images, and payment records. If the evidence can corroborate each other, there's still a chance to dispute the project payment. For matters related to project settlement, you can proceed through the following channels:Property sales and construction projectsObtain a comprehensive solution for the service; those involving contracts and commercial disputes can be combined togetherBusiness and contract disputes in enterprisesPlate; for reference on the enforcement of project paymentsCreditor's rights and debts, and enforcement; For matters related to corporate law, please feel free to consult usIntellectual property protection and corporate lawOther difficult issues can be resolved throughSpecial servicesDocking.

VI. Frequently Asked Questions

Q1: If the visa form is lost, can I still get back the project payment?

There's a high possibility of this, depending on whether the alternative evidence is sufficient. Supervision logs, meeting minutes, correspondence, on-site images, progress payment and reconciliation records, etc. can be used to corroborate the actual project quantities. If it's still difficult to determine, an application for engineering cost appraisal can be made. The more complete the evidence is, the stronger the claim will be.

Q2: Which alternative evidence is the most valuable?

Supervision logs, regular meeting minutes, acceptance records of concealed works, correspondence and chat records between the two parties, construction images, material procurement and transportation certificates, wage and machinery input records, and progress payment application and payment records. The materials that can corroborate the project quantity and change facts are of the highest value.

Q3: Are such engineering disputes expensive to resolve?

The litigation fees are paid in stages according to the amount of the subject matter; the cost of project appraisal is determined by the appraisal agency's standards and the scope of the dispute, which is usually higher. The attorney's fees are agreed upon based on the complexity of the dispute and the workload. It is recommended to first evaluate the evidence base before deciding whether to conduct an appraisal.

Q4: How long does it take to resolve disputes over project settlements?

The first-instance ordinary procedure generally lasts six months, and the simplified procedure lasts three months; those involving appraisal and evaluation will be significantly prolonged. If the evidence is clear and the scope of the dispute is manageable, the case can be resolved more quickly through mediation or partial confirmation.

Q5: What should I do if the employer denies the addition or reduction of the project scope?

The facts of the changes and the amount of work can be proven by meeting minutes, letters, supervision records, and images, etc. If necessary, apply for appraisal or request the court to retrieve the construction and acceptance materials. It is recommended to fix the evidence as soon as possible and claim settlement for the confirmed parts to avoid overall delay.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.