[Direct answer]In the Beijing area, following the principle of "who claims, who provides evidence", the party who bears the burden of proof for the project cost usually applies for the appraisal. The contractor who claims the project payment and needs to prove the price is usually the applicant; the employer who has objections to the settlement amount and claims deduction or quality repair costs can also apply for appraisal. According to Article 79 of the Civil Procedure Law of the People's Republic of China, the parties may apply for appraisal on specialized issues related to fact-finding; the parties may negotiate to determine a qualified appraisal institution, and if no agreement is reached, the People's Court shall designate one. According to Article 30 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure", the parties shall apply for appraisal within the period specified by the court; if the party who bears the burden of proof fails to apply for appraisal and the disputed facts cannot be clarified, he/she shall bear the adverse consequences. The appraisal fees shall generally be paid in advance by the applicant, and the losing party shall ultimately bear the responsibility or share the costs proportionally.

I. Problem Background and Typical Scenarios

In the middle of a lawsuit over project payments, both parties often disagree on the settlement amount, and the judge often requires that "the party with objections should initiate the appraisal". The contractor is concerned about the high cost and long duration of the appraisal, while the employer wants to wait until the statute of limitations expires. In construction litigation in the Beijing area, who applies for cost appraisal and when to apply directly affect the burden of proof and the pace of the case, and even determine the outcome of the litigation.

II. Key points of contention

First, how to determine the applicant. Second, who selects the appraisal institution. Third, the time points for applying. Fourth, how to share the appraisal costs.

III. Professional analysis by Henglue Lawyers

The first level concerns the determination of the applicant's standard of proof: if the contractor requests payment for the project, they usually need to prove the project quantity and price, so they are often the applicants. If the employer disputes the quality of the project, overpayment, or deductions, they bear the burden of proof for these claims and may also apply for an appraisal. The second level involves the selection of institutions and procedures: the parties may negotiate and select an appraisal institution under the court's supervision, or the court may appoint one if the parties fail to reach an agreement. The application for appraisal must be submitted within the timeframe specified by the court, and failure to do so may be considered a waiver of the right to appraisal. The third level concerns the scope and basis of appraisal: appraisals typically focus on project quantity, project price, changes and certificates, quality, and repair costs. Contracts, drawings, certificates, supervision materials, settlement documents, and payment receipts are required as appraisal basis. The completeness of these materials directly affects the appraisal conclusion. The fourth level addresses consequences and costs: the party with the burden of proof who fails to apply for appraisal and cannot prove their claims with other evidence shall bear the adverse consequences of failing to provide evidence. The fees are generally paid in advance by the applicant and ultimately allocated based on the losing party's proportion or liability sharing. Therefore, applicants should assess the cost-benefit ratio and the likelihood of winning before applying for appraisal. Related disputes can be resolved through arbitration.Property sales and construction projectsOverall service processing.

IV. Practical suggestions and legal basis

The first step is to clarify the party's burden of proof and the focus of the dispute, and determine whether it is necessary to apply for an appraisal. The second step is to submit the appraisal application within the time limit specified by the court and clarify the items and scope of the appraisal. The third step is to prepare all the contracts, drawings, visas, and materials related to changes and payments as the basis for the appraisal. The fourth step is to raise written objections to the appraisal opinion within the statutory time limit or apply for supplementary appraisal or re-appraisal. The fifth step is to evaluate the appraisal fees and cycle, and choose a favorable burden of proof path for the party, to avoid bearing unfavorable consequences due to inability to provide evidence. Main legal basis: Articles 79 and 80 of the Civil Procedure Law of the People's Republic of China; Articles 30 and 31 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" regarding the application for appraisal; Articles related to cost appraisal in the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Disputes over Construction Contracts"; Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key principles in cost appraisal: the party making the claim bears the burden of proof, and the party claiming project payments or proposing deductions is usually the applicant; the appraisal institution may negotiate with the parties, and if no agreement is reached, the court will appoint an appraiser; failure to apply for appraisal within the time limit may be deemed as a waiver of the right to appraisal; and the fees shall be paid in advance and the responsibilities shall be shared. For cases involving real estate transactions and construction projects, appraisal may be conducted through the following channels:Property sales and construction projectsWe provide a comprehensive solution for services, which can be integrated with the commercial contracts of enterprises.Business and contract disputes in enterprisesFor reference, please refer to the section on creditor recovery and enforcementCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, please feel free to consult us through the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Who exactly applies for a cost appraisal?

Generally, the party who bears the burden of proof for the project cost applies for it: the contractor who claims the project payment is a common applicant, and the employer who claims to deduct or repair the cost can also apply for it.

Q2: Who selects the appraisal institutions?

The two parties may consult to determine a qualified appraisal institution under the court's supervision. If they fail to reach an agreement, the people's court will designate one for them.

Q3: When should I apply?

It should be submitted within the evidentiary period specified by the court. If the application is not submitted within the time limit, it may be regarded as a waiver, and the party concerned will bear the adverse consequences of being unable to provide evidence.

Q4: Who will pay for the appraisal fee?

Usually, the applicant pays the fees upfront, and the parties eventually share the costs according to the outcome of the case or the proportion of liability.

Q5: What will happen if I don't apply for an appraisal?

If the party bearing the burden of proof fails to provide other evidence, the court may determine based on the existing evidence that the party shall bear the adverse consequences of the facts being unverifiable.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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 the purchase and sale of real estate·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. If you encounter disputes, please consult a practicing lawyer in time.