[Direct answer]In the Beijing area, it is usually possible, but the probative force depends on whether the visa itself is standardized. According to Article 20 of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Disputes over Construction Contracts, if the parties have disputes over the project quantity, the project quantity shall be confirmed according to the written documents such as visas formed during the construction process; the supervision visas are written confirmations of the project quantity, changes, costs or construction period facts during the construction process, and belong to important settlement bases. However, for the visas to be valid, they must meet several requirements: the signatories should have the corresponding authority (chief supervision engineer or his authorized representative), the content should be specific and clear (parts, quantities, reasons, time, measurement methods), and they should be consistent with the actual construction. Visas that exceed the authority, are vague in content, or are backdated can be challenged by the other party, and the court will comprehensively determine them based on other evidence. Therefore, visas are useful, but they are not "final and conclusive".

I. Problem background and typical scenarios

During the construction process, a large number of changes, additional items, labor idleness, and project quantities all depend on the supervisor's signing records. When it comes to settlement, the contractor uses the signed documents to claim the payment, but the employer says, "The supervisor's signature doesn't count" or "The supervisor doesn't have the authority to do this". In settlement disputes of construction projects in Beijing, the effectiveness of the supervisor's signing is a common point of contention. Whether the signing is standard directly determines whether it can be accepted.

II. Key points of contention

Firstly, the evidentiary nature of the supervisor's signature. Secondly, the determination of signing authority. Thirdly, the requirements for content standardization. Fourthly, the relationship with the employer needs to be confirmed.

III. Professional analysis by Henglue Law Firm

The first layer, evidence attributes: Visas are written documents formed during the construction process and are an important basis for confirming the project quantity and change facts. As long as they are true, legal, and related to the project, they can usually be used as settlement bases, and their probative force is generally higher than that of settlement notes prepared unilaterally by the contractor. The second layer, authority determination: The scope of the supervisor's duties determines the validity of the visas—visas signed by the chief supervisor or his/her authorized professional supervisors have stronger probative force; visas signed by ordinary supervisors beyond their authorization or those requiring the employer's confirmation for certain matters may have limited validity. The third layer, content standards: Valid visas should specify the location, subject, quantity, time, and measurement method, and attach necessary drawings, measurement records, and images. Visas with vague and general content (such as only writing "agree to increase" without specifying the quantity or price) are prone to disputes. The fourth layer, connection with the employer's confirmation: Where the contract stipulates that changes and additional items must be confirmed in writing by the employer, visas signed by the supervisor without the employer's confirmation may not be sufficient for a separate judgment. Conversely, if the contract grants the supervisor the right to confirm pricing or the employer has long used visas as a payment basis, the probative force of the visas will be significantly enhanced. Related disputes can be resolved throughReal estate transactions and construction projectsOverall service handling.

IV. Practical suggestions and legal basis

The first step is to handle visas simultaneously during the construction process to avoid retroactive signing and backdated visas. The second step is to confirm that the signatories have the appropriate authority, and if necessary, require the chief supervision engineer to sign and approve or affix the supervision agency's stamp. The third step is to clearly state the scope, quantity, purpose, time, and measurement basis of the visa, and attach necessary attachments. The fourth step is to obtain the employer's written confirmation of the matters required by the contract simultaneously. The fifth step is to properly file all visas and establish a database, and verify them with drawings and measurement records during settlement. Main legal basis: Articles 788 and 799 of the Civil Code of the People's Republic of China; Article 20 of the Interpretation of the Supreme People's Court on Legal Issues in the Trials of Construction Contract Disputes, which stipulates that the scope of work shall be confirmed based on written documents such as visas formed during the construction process; the relevant provisions on supervision duties in the Regulations on Quality Management of Construction Projects; and the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

There are three key points regarding supervision visas: 1. The visa can serve as a basis for settlement, but its validity depends on the signatory's authority and the regulatory compliance of its content. 2. The visa must be signed by an authorized person, contain specific details, and be issued in a timely manner. Any omission in any of these aspects may lead to disputes. 3. If the contract requires the employer to confirm the visa, it is essential to obtain the employer's written confirmation. For matters involving real estate transactions and construction projects, the parties involved may seek resolution through legal channels.Property transactions and construction projectsWe provide a comprehensive solution for services, which can be integrated into the commercial contracts of enterprisesBusiness and contract disputes in enterprisesFor reference, you can check the section related to creditor's rights recovery and enforcementCreditor's rights and debts, and enforcementFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Can the supervisor's signature be directly used as the basis for settlement?

It's generally acceptable, especially when there are clear visa regulations; for disputes over the project quantity, the judicial interpretation explicitly stipulates that it shall be confirmed based on the written documents such as visas formed during the construction process.

Q2: Whose signature on the visa counts as valid?

The certificate signed by the chief supervision engineer or his/her explicitly authorized professional supervision engineer is more persuasive. However, if the signature exceeds the scope of authorization or is subject to different provisions in the contract, the validity of the certificate may be affected.

Q3: What kind of visas are more likely to be revoked?

The content is vague, with only an "agreement" but no specific quantities or prices, retroactive signatures or backdated signatures, and signatures from individuals who lack the necessary authorization. This is likely to raise doubts from the other party.

Q4: Is it okay if there's only the supervisor's signature but no stamp from the client?

It depends on the provisions of the contract. If the contract requires the employer to confirm it, the employer usually needs to confirm it in writing. Otherwise, it may not be sufficient to base a decision solely on this confirmation.

Q5: How to ensure the validity of the visa?

Carry out the procedures synchronously, clarify the authorizations, specify the content, and ensure that all attachments are complete. Moreover, these procedures should be corroborated with drawings, measurement records, and payment receipts to form a complete chain of evidence.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as 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. If you encounter disputes, please consult a practicing lawyer in time.