[Direct answer]It can be claimed conditionally. According to Article 43 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Disputes over Construction Contracts (No. 25 of 2020), if the actual constructor sues the subcontractor or the illegal subcontractor as the defendant, the people's court shall accept the lawsuit according to law; if the actual constructor sues the employer to assert rights, the people's court may add the subcontractor or the illegal subcontractor as a third party in the case. After ascertaining the amount of the construction project price owed by the employer to the subcontractor or the illegal subcontractor, the court shall rule that the employer shall bear responsibility to the actual constructor within the scope of the unpaid construction project price. That is to say, the actual constructor can sue the employer, but the employer shall only bear responsibility within the scope of the unpaid project price, and it is usually necessary to clarify the responsibility of the general contractor at the same time. The action aims to fix the contract, the amount of work and the settlement evidence, and to clarify the nature and scope of the claimed rights.

1. Problem background and typical scenarios

Under the layers of subcontracting and illegal subcontracting, the "actual constructors" who actually work on the construction site often cannot get paid: the general contractor says the payment has not been settled, and the employer says the money has already been paid to the general contractor. Can they directly bypass the general contractor and sue the employer in court? The law has opened up a specific channel for actual constructors, but there are strict conditions and scope restrictions.

II. Key points of contention

Firstly, who is the actual constructor in the legal sense? Secondly, can the actual constructor directly sue the employer? Thirdly, the scope and prerequisites of the employer's liability. Fourthly, the impact of the contractual validity between the general contractor and the actual constructor on the claim. Fifthly, the subject and time limit for exercising the right to priority compensation for the project price.

III. Professional analysis by Henglue Law Firm

The claim for project payment by the actual constructor is a path that has strict boundaries but indeed exists. According to Article 43 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes (No. 25 of 2020), if the actual constructor sues the subcontractor or the illegal subcontractor as the defendant, the court shall accept the case; if the actual constructor claims rights against the employer as the defendant, the court may add the subcontractor or the illegal subcontractor as a third party. After ascertaining the amount of the employer's unpaid project price, the court shall rule that the employer shall bear liability to the actual constructor within the scope of the unpaid amount. At the same time, the right of priority compensation for the project price is exercised in accordance with Article 807 of the Civil Code, but this priority right is usually enjoyed by the contractor, that is, the general contractor. Whether the actual constructor can directly claim this right is controversial in practice, and it is usually realized through the methods of subrogation or requiring the general contractor to exercise the right. When handling such cases, Henglue Lawyers usually first clarify the contract chain and subject qualifications among the employer, the general contractor, the subcontractor, and the actual constructor to determine the appropriate defendant; then fix the project quantity, the signing sheet, the settlement documents, the payment records, and the correspondence to prove the unpaid amount and the causality. It should be noted that if there are situations such as borrowing qualifications or being affiliated between the actual constructor and the subcontractor, the claim for rights will be more complex; in addition, the claim for project payment should be raised as soon as possible to avoid being damaged due to long-term non-claim or exceeding the statute of limitations. Overall, it is feasible to directly claim payment from the general contractor, but it is necessary to solidify the premise evidence of the employer's unpaid amount.

IV. Practical suggestions and legal basis

Action List: 1. Clarify the contract chain and define the relationship between the employer, general contractor, subcontractors, and actual constructors; 2. Secure evidence for project quantities, change orders, settlements, and payments to calculate the outstanding amounts; 3. Allow actual constructors to sue the employer and add the subcontractors or illegal subcontractors as third parties; 4. Pay attention to the subject and time limit for exercising the right of priority compensation for construction project payments; 5. Claim and consider asset preservation as early as possible to prevent funds from being transferred. Main legal basis: Articles 35, 36, and 43 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes" (Legal Interpretation [2020] No. 25); Article 807 of the "Civil Code of the People's Republic of China" (effective from January 1, 2021); The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

The actual constructors have three demands: they can sue the employers, but they are only liable within the scope of the employers' unpaid debts; the contractual chain and the amount of unpaid debts must be confirmed; and they should claim the project payment as soon as possible to protect their rights. For cases involving construction projects and real estate, they can seek legal help through the following channels:Property sales and construction projectsThe service provides a comprehensive solution, which includes the integration of engineering contracts and settlementsBusiness and contract disputes in enterprisesFor reference, you can check the section related to the execution of paymentsCreditor's rights and debts, and enforcementFor any questions regarding corporate law, please feel free to consult us through the columnIntellectual property and corporate lawFor teams involved in cross-border projects, please feel free to contact us for more information.\nFinancial capital and cross-border transactions involving foreign entitiesFor any questions or difficulties, please contact us via the column's contact information.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can the actual constructor directly sue the employer for the project payment?

Yes. If the contractor sues the employer as the defendant to assert his rights, the court may add the subcontractor or the illegal subcontractor as a third party, and rule that the employer shall bear responsibility within the scope of the unpaid construction project price.

Q2: What evidence should be prepared to support the claim for project payments?

It is necessary to provide contract chain materials, bill of quantities, visa forms, settlement documents, payment records, and correspondence letters to prove the amount of unpaid money and the facts of actual construction.

Q3: Are the litigation costs of such lawsuits high?

Pay the fees according to the standards for property cases, which are related to the amount of the dispute; the fees for large disputes will be correspondingly higher. You can consider paying in installments or applying for deferral of payment according to law. The specific fees will be determined by the court.

Q4: How long does it take from filing a lawsuit to receiving the money?

The first-instance ordinary procedure usually lasts for several months, and it will take longer if it involves cost appraisal or appeals. The execution stage depends on the other party's financial situation, so it is recommended to apply for property preservation at the same time.

Q5: The general contractor has been refusing to settle the accounts. How can I prove the amount of money owed?

The completion of the project and the outstanding payments can be verified through the confirmation of the project quantity, visas, correspondence, and partial payment records; if necessary, apply for a cost appraisal or request the court to retrieve the settlement materials.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Legal services for the purchase and sale of real estate·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.