[Direct answer]In the Beijing area, evidence should be systematically collected around four main aspects: contracts, construction, acceptance and settlement, and payments. First, contracts: construction contracts, supplementary agreements, bidding documents, bid-winning notices, and power of attorney documents, which are used to clarify the contractual parties, contract prices, settlement methods, and dispute resolution clauses. Second, construction: construction logs, project change orders, project liaison letters, drawing review records, supervision records, and visual materials, which are used to prove the scope of construction, project quantities, and progress. Third, acceptance and settlement: completion acceptance reports, transfer records, settlement documents, reconciliation letters, and audit reports, which are key to determining the amount of project payments. Fourth, payments and collection: payment vouchers, invoices, bank statements, collection letters, and reconciliation documents. According to the Civil Code of the People's Republic of China (implemented on January 1, 2021) and the relevant provisions of the Supreme People's Court on the trial of disputes over construction contracts, the settlement and payment of project payments shall be based on the contractual agreements and actual performance. In practice, the reconciliation documents and verification letters signed and confirmed by both parties have strong evidentiary value and often play a decisive role in the defense of statute of limitations and disputes over project quantities. Therefore, evidence should be collected and fixed as early, comprehensively, and standardly as possible.

I. Problem background and typical scenarios

Construction contract disputes involve large amounts of money, long durations, and a large amount of documentation, and evidence is the key to success or failure. There are four typical scenarios: First, the project has been completed and accepted, but the employer delays payment for various reasons; Second, there are significant disputes between the two parties over the project quantity and settlement amount; Third, the employer defends against the claim on the grounds of exceeding the statute of limitations, failing to accept and settle the payment, or failing to notify the transferee of the creditor's rights transfer; Fourth, the project involves complex subject relationships such as subcontracting, sub-subcontracting, and ghost projects, with unclear responsibilities. There are many construction projects in Beijing and surrounding areas, and construction companies often realize that they lack sufficient evidence after the project is completed, which makes it difficult to protect their rights. Therefore, it is necessary to establish a system of document filing and visa management during the construction process.

II. Key points of dispute

First, the identification of the contracting parties and the actual constructors. Second, the determination of the project quantity and project price, and whether an appraisal is necessary. Third, the commencement and interruption of the statute of limitations, and the role of the reconciliation letter and the confirmation letter. Fourth, the relationship between the completion acceptance and settlement, and whether the unpaid project price can be claimed. Fifth, the notice and effectiveness of the transfer of creditor's rights. Sixth, the exercise period and conditions of the right of priority compensation.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of construction contract disputes: On July 21, 2017, X Chen Company and X Bang Company signed the "Beijing Construction Contract", with a contract amount of 500,000 yuan. X Chen Company completed the project on schedule and handed it over for use in November 2017, but X Bang Company defaulted on the remaining 300,000 yuan in project payments and raised defenses such as exceeding the statute of limitations, unverified project acceptance and settlement, uncertain project scope, and failure to notify the creditor transfer. X Chen Company entrusted Attorney Wu Jiani of Beijing Henglue Law Firm to represent them. During the litigation, the attorney initiated property preservation and adjusted the litigation strategy, only claiming the rights that had been confirmed in the contract. The court confirmed the outstanding 300,000 yuan based on the signed "Inquiry Letter for Accounts Payable" between the two parties, and ruled that X Bang Company should pay the project payment of 300,000 yuan. The key to this case lies in the fact that the inquiry letter confirmed by both parties directly resolved the issue of determining the outstanding amount, while property preservation provided a guarantee for subsequent enforcement. This highlights that the reconciliation and signing documents formed during the construction and settlement process are often more valuable than subsequent unilateral statements. This case was handled by Beijing Henglue Law Firm.Wu JianiThe attorney (practice certificate number: 11101202011245064, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, review the contract subject and authorization documents before construction to clarify the contracting party and the actual responsible party; Second, standardize the handling of visas, contact sheets, and quantity confirmation during construction, and ensure that signatures and marks are left on the spot; Third, organize acceptance promptly after completion to form an acceptance report and handover records; Fourth, conduct regular account reconciliation and form written confirmations. If necessary, send inquiry letters and keep the responses; Fifth, keep all payment vouchers and collection records, and pay attention to the interruption of the statute of limitations; Sixth, apply for property preservation when necessary to ensure the enforcement of the judgment. For disputes involving construction projects and real estate, you can refer to the relevant provisions.Real estate transactions | Construction projectsFor services involving contract terms and remedies for breach of contract, you can refer to the following for more information.Business and Commerce | Contract DisputesFor reference, you can check the section related to the enforcement of project paymentsCreditor-debtor relations | Enforcement casesPlate. Legal basis: The provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) on construction contracts and breach of contract liability, as well as the relevant provisions of the Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Construction Contract Disputes (effective January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, visas and reconciliations are the lifeline of construction enterprises, and on-the-spot signing is the most effective way to handle them. Secondly, the probative force of verification letters and reconciliation letters is often very strong. Thirdly, the defense of statute of limitations relies on records of collection and reconciliation to break through. Fourthly, first fix the rights that have been determined, and then deal with the disputed parts. Fifthly, property preservation can significantly increase the possibility of recovering payments. For disputes involving project payments, it can be resolved throughProperty Sales and Purchases | Construction ProjectsThe service obtains an overall solution, which involves the combination of contract terms and breach of contract provisions.Business and Commerce | Contract DisputesFor reference, you can check the implementation of the project payment in the section related to itCreditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: What should I do if there's a dispute over the amount of work involved in the project?

You can apply for an appraisal, but first check whether there is written confirmation. If the parties have confirmed the project quantity through documents such as payment orders, contact orders, and reconciliation letters during the construction process, this part can be directly determined based on the written documents and does not require an appraisal. If there is indeed a lack of confirmation and the amount of the dispute is large, you can apply for an engineering cost appraisal. Therefore, handling payment orders and reconciliation properly in daily work is an effective way to avoid appraisals and expedite litigation.

Q2: Are reconciliation letters useful?

It's very useful. The reconciliation letters and verification letters signed by both parties constitute the parties' confirmation of the creditor's rights and debts, and have strong probative force. They can be directly used to determine the amount of arrears and may affect the determination of the statute of limitations. Regular reconciliation during the construction process and retention of signed documents are key means to quickly determine rights and increase the probability of winning the lawsuit after a dispute arises.

Q3: Can I sue them even if the settlement hasn't been finalized yet?

Yes. The disputes over project payments do not require the completion of the settlement process. As long as the project has been completed, the quality is qualified, or it has been put into use, and the facts and amounts of the unpaid project payments can be proven, the plaintiff can sue to claim the project payments. If the two parties have significant disputes over the settlement amount, the court may determine the amount of the project payments payable based on the contract provisions, the visa materials, and the appraisal opinions.

Q4: Can I still get it back if it's past the statute of limitations?

It depends on whether there are any interruptions or suspensions. If the employer has confirmed the debt during the statute of limitations by means of a reconciliation letter, a payment commitment, or partial payment, or if the contractor has sent a payment reminder, this may result in the interruption of the statute of limitations and the restart of the calculation. Therefore, it is very important to keep records of payment reminders and reconciliations. If the statute of limitations has indeed expired and there is no evidence of interruption, there may be adverse consequences.

Q5: Can the project payment be prioritized for compensation?

Those who meet the requirements may do so. According to the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021), if the employer fails to pay the contract price as agreed, the contractor may give notice to the employer. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project price, or request the people's court to auction the project according to law, and the contractor shall be entitled to priority compensation for the project price based on the discounted or auctioned price of the project. When exercising this right, attention should be paid to the time limit and conditions.

The above answer is based on the judicial practice in the Beijing area. 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 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·Attorney Wu Jiani·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.