[Direct answer]In the Beijing area, if the project has not undergone acceptance, the contractor is not necessarily precluded from claiming the project payment. The law distinguishes between projects with qualified quality and those used without authorization: if the project has been completed and the quality is qualified, even if the acceptance has not been carried out, the contractor can still request compensation based on the contract's depreciation value; if the employer uses the unaccepted project without authorization, it is deemed to have qualified quality, and the employer may not refuse to pay on the grounds that the quality of the used part does not meet the requirements. According to Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trials of Disputes over Construction Contracts" (effective January 1, 2021), if the employer uses the project without authorization, the quality defense shall not be supported; Article 9 clarifies that if the project has not been completed but the quality is qualified, compensation can be made based on the contract. At the same time, Article 807 of the "Civil Code of the People's Republic of China" (effective January 1, 2021) grants the contractor the right to priority compensation for the construction project price. Action guidance: Fix the evidence of completion and quality, negotiate first, and if negotiation fails, promptly sue and claim priority compensation.

1. Problem background and typical scenarios

After the project is completed, the most common sticking point in the process of collecting payments is the acceptance of the project. Typical scenarios include: the employer refuses to pay all or part of the project cost on the grounds of "no acceptance"; the project has actually been put into use, but the two parties argue over the acceptance procedure; the project is halted midway or left unfinished, and the completed part cannot be accepted as a whole; the employer delays the organization of acceptance to occupy funds. Parties often mistakenly believe that "no acceptance means no payment", but in fact, acceptance is not an absolute prerequisite for payment. The key lies in whether the project quality is qualified, whether the employer has used the project without authorization, and how the contract is stipulated. For related rules, please refer toLegal services for creditor-debtor relations and enforcement cases.

II. Key points of contention

The disputes focus on four points. Firstly, the payment prerequisite: the contract often stipulates that "payment shall be made after the acceptance is qualified", but once the project is qualified or put into use, this condition has been satisfied, and the employer shall not indefinitely link the acceptance with the refusal to pay. Secondly, the burden of proof for quality: the lack of acceptance does not mean that the quality is not qualified. The employer who claims that there are quality problems shall bear the burden of proof. Thirdly, the priority right to compensation: the contractor shall exercise it within a reasonable period of time, and it is inseparable from the claim for the project payment. Fourthly, the evidence gap: the lack of construction logs, visas, acceptance applications, and delivery-for-use certificates will make it difficult to provide evidence for the claims. For more details, please refer to the following link:Legal services for creditor-debtor relations and enforcement cases.

III. Professional analysis by Hengluo Law Firm

This case is handled by Beijing Henglu Law FirmHe NingningThe attorney (practice license number: 11101202511925103, subject to the document issued by the judicial administrative authority) represented the client, comprehensively presenting the complete path from creditor's rights confirmation to enforcement. The client, Liu ***, borrowed money from the bank in his own name on behalf of his friend, Zhang ***, but later, due to Zhang's default, the bank sued Liu, who was then trapped in the dilemma of "borrowing money for others and bearing the debt himself". Attorney He Ningning established a step-by-step plan of "first mediating with the bank to stop losses, then recovering the rights from the actual borrower": first, negotiating with the bank multiple times to reach a phased mediation agreement, alleviating Liu's credit record and repayment pressure; then immediately initiating recovery from Zhang. On June 12, 2026, the two parties reached a mediation agreement, confirming that Zhang would repay the principal of 170,000 yuan and the loss of use of funds of 10,000 yuan, setting phased repayment deadlines and strict default clauses - any late payment would result in the entire remaining principal being subject to a 3% annual interest rate for loss of use of funds starting from June 25, 2026, and Liu could directly apply for enforcement. The two parties jointly applied for judicial confirmation to the People's Court of Fengtai District, Beijing, which issued the Civil Ruling No. (2026) Jing XX 06 Min Te (Dia) XXX9 confirming the enforceability of the mediation agreement. When Zhang failed to make any payment in the first phase, Attorney He immediately drafted an enforcement application and submitted an online investigation application, comprehensively investigating Zhang's assets in accordance with Article 11 Paragraph 2 of the "Regulations on Several Issues Concerning Property Preservation Cases Handled by People's Courts" of the Supreme People's Court, and ultimately fully enforcing the repayment. Although this case is not a typical construction dispute, it clearly demonstrates the core logic of realizing creditor's rights through "rights confirmation and enforcement", which is similar to the collection of project payments.

IV. Practical suggestions and legal basis

The legal basis includes Article 793 of the Civil Code of the People's Republic of China (effective January 1, 2021) (compensation for the invalidity of the construction contract), Article 807 (the right of priority compensation for the construction project price), and Article 577 (liability for breach of contract); Article 9 of the Interpretation of the Supreme People's Court on Legal Issues Concerning the Trial of Disputes over Construction Contracts (effective January 1, 2021) (compensation for qualified quality), Article 14 (unauthorized use deemed qualified), and Article 27 (interest on unpaid project payments); and the Construction Law of the People's Republic of China (amended in 2019, effective April 23, 2019). Action list: First, fix visas, acceptance applications, and delivery records simultaneously during the construction process; Second, send a letter to request acceptance as soon as the project is completed and keep the evidence; Third, fix evidence of the employer's unauthorized use; Fourth, claim the right of priority compensation within the statutory time limit; Fifth, if no agreement can be reached, promptly sue and apply for property preservation. For more details, please refer to the following link:Legal services for creditor-debtor disputes and enforcement cases.

5. Henglu Law Firm's Advice

When collecting unpaid project funds, it is most important to avoid being "passive" and "scattered": waiting for acceptance will prolong the collection period indefinitely, and scattered evidence will make it difficult to support claims. It is recommended to promote acceptance and preserve evidence immediately after completion. If the employer delays or uses the funds without authorization, fix the evidence in time to claim payment. The right of priority compensation has a time limit for exercise, and failure to do so within the time limit will result in the loss of priority status. It is recommended to exercise this right within the time limit.Beijing Hengluo Law FirmUnder the assistance of professional lawyers, we will simultaneously advance the rights confirmation and preservation, and ensure that the repayment is based on enforceable measures.

VI. Frequently Asked Questions

Q1: If there's no acceptance, can we definitely get back the project payment?

It cannot be guaranteed in general, but there is room for maneuver in the law. If the project quality is qualified or the employer has already used it without authorization, the payment conditions shall be deemed to have been fulfilled, and the contractor may request compensation in the form of a discounted price in accordance with the contract; if the project quality does indeed have problems, the employer may deduct the corresponding amount. Whether the full amount can be recovered ultimately depends on the quality assessment, the completeness of the evidence, and the other party's performance ability. No lawyer can unilaterally promise the outcome, but the success rate of asserting rights according to the law is significantly higher than that of passively waiting.

Q2: What evidence do I need to prepare to claim unpaid project funds?

The core elements are five categories: 1. Contracts and supplementary agreements, and bid-winning notifications; 2. Construction drawings, bill of quantities, change orders, and meeting minutes; 3. Evidence of completed projects, such as acceptance applications, supervisor's signatures, and delivery records; 4. Evidence of the employer's unauthorized use of the project, such as photos, usage notifications, and occupancy records; 5. Correspondence regarding payment reminders and communication records. The timeline of these evidences can not only prove the completed project scope but also refute defenses related to quality and acceptance issues.

Q3: How much does it cost to hire a lawyer to recover the project payment?

The attorney's fees are determined by the law firm based on the amount of the subject matter and the complexity of the case. They are typically charged on a per-case basis or as a percentage of the subject matter amount, and risk-based fees may also be agreed upon (subject to relevant regulations). The case acceptance fee is calculated in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), which bases the fee on the amount of the litigation request and accumulates it in stages. The fee is halved in summary proceedings. Applying for property preservation requires paying the preservation fee and guarantee costs in advance. These costs are usually a limited percentage of the principal amount of the debt. It is recommended to calculate the input and output before entrusting the lawyer with the case.

Q4: How long does it usually take from filing a lawsuit to receiving the project payment?

The first-instance ordinary procedure is concluded within six months and the summary procedure within three months, and the mediation period can be shorter. After entering the enforcement stage, if the property clues are clear, the funds can be allocated quickly; if there is no property available for enforcement, the case may be suspended after the termination of the enforcement and resumed when the property is found. For cases where the employer uses the funds without authorization and the evidence is solid, it is often possible to reach a mediation or judgment quickly. The overall timeframe ranges from several months to over a year, depending on the other party's repayment ability and the effectiveness of the preservation measures. It is particularly crucial to assert the priority right to repayment in a timely manner.

Q5: What should I do if the employer keeps failing to organize the acceptance inspection?

You can actively send a letter to request acceptance and retain the evidence of delivery; if conditions permit, you can unilaterally commission a third-party inspection to confirm the quality; if the employer delays or uses the project without authorization, the quality shall be deemed satisfactory according to law and you can claim payment. At the same time, in accordance with the judicial interpretation of construction projects, you can claim interest on unpaid project payments and exercise the right of priority compensation within the statutory time limit. If no agreement is reached through negotiation, promptly file a lawsuit and apply for property preservation to prevent asset transfer, and, if necessary, entrust a professional lawyer to advance the whole process.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Attorney He Ningning·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.