Emphasize the capital responsibility and guarantee responsibility of the construction unit to provide financial guarantee for the process settlement.
The settlement period can be divided according to the construction image progress or construction time period, and it is clear that changes, visas, claims and other matters shall be included in the current process settlement.
In principle, process settlement shall be implemented for large and medium-sized engineering projects invested by the government.
On September 23, 2020, the official website of the Ministry of housing and urban rural development issued the notice on implementing the primary responsibility for project quality of the construction unit, strictly implementing the primary responsibility for project quality of the construction unit.
Heilongjiang original link: https://www.hlj.gov.cn/n200/2021/0111/c668-11013531.html7 On September 17, 2020, Shandong Provincial Department of housing and urban rural development, Shandong Provincial Development and Reform Commission and Shandong Provincial Department of Finance jointly issued the guiding opinions on the implementation of construction process settlement in housing construction and municipal engineering (Trial), which shortened the settlement cycle by standardizing the settlement behavior, Reduce the burden on enterprises.
The settlement of the construction process shall be implemented for the housing construction and municipal infrastructure projects and their ancillary facilities, as well as the supporting lines, pipelines and equipment installation projects newly started and with a construction contract construction period of more than one year.
Up to now, according to the latest summary of duchuan management research department, 21 provinces, cities and autonomous regions have implemented process settlement.
The employer shall, within the time limit agreed in the contract, pay the settlement payment for the construction process in the proportion agreed in the contract, and the payment proportion of the settlement payment for the construction process shall be more than 80%.
The employer and the contractor can organize or entrust qualified project cost consulting units to compile and review the construction process settlement.
Strengthen contract management and reduce the workload of engineering construction change adjustment.
The so-called construction process settlement refers to the calculation, adjustment, confirmation and payment of the project price for the project contents (including on-site visa, project change, claim, etc.) completed within the agreed settlement period (time or progress node) according to the construction contract.
The construction contract shall specify the settlement period of the construction process and the settlement method of the project progress payment.
Original link: https://js.shaanxi.gov.cn/zcfagui/2021/4/112425.shtml3 On March 16, 2021, Jilin Provincial Department of housing and urban rural development issued the implementation opinions on promoting construction process settlement in housing construction and municipal infrastructure projects.
The settlement period of the construction process can be divided according to the construction time period or the construction image progress node.
The construction unit shall have financial arrangements to meet the construction needs, and provide the construction unit with project payment guarantee.
Government invested projects shall ensure that the funds are paid in place on time in accordance with the relevant provisions of the state, and the unfinished audit shall not be used as a reason for delaying the settlement of project funds.
On January 28, 2021, Qinghai Provincial Department of housing and urban rural development issued the key points of construction industry in Qinghai Province in 2021, which proposed to “strengthen the research on project payment and settlement, study and establish the settlement mechanism in the construction process of housing construction and municipal projects in Qinghai Province, promote the price calculation, confirmation and payment in stages in the construction process, and strive to solve the problem of project settlement”.
Compared with completion settlement, the implementation of construction process settlement is mainly used to standardize construction contract management, avoid disputes between the employer and the contractor, save audit costs, effectively solve the “settlement difficulty” and prevent migrant workers from being paid in arrears from the source.
Xinjiang original link: http://zjt.xinjiang.gov.cn/xjjs/gczj/202108/d448133a906b485d80bcf90a81a385ce.shtml2 On April 8, 2021, Shaanxi Province issued the notice on settlement during construction of housing construction and municipal infrastructure projects.
At the same time, it is proposed to promote the settlement of construction process.
Fully implement the project payment guarantee system to prevent project payment arrears.
The executive meeting of the State Council in early 2020 clearly required that the process settlement should be fully implemented in the field of engineering construction, and the promotion of replacing the margin of the construction unit with the letter of guarantee should be strengthened.
After completion, the process settlement results will not be audited again.
6.
If the employer fails to pay according to the time agreed in the contract, it shall bear the liability for breach of contract according to the contract.
Original link: http://jst.jl.gov.cn/gczj/wjxx/202103/t20210316_ 7968693.html4.
When the divisional works are accepted, in principle, the project payment settlement shall be completed simultaneously, and the settlement shall not be delayed in disguised form for reasons such as design change and project negotiation.
According to the Interim Measures for settlement of construction project price, the settlement scope of construction project price includes project advance payment, project progress payment and project completion price settlement.
As early as 2016, the opinions of the general office of the State Council on comprehensively tackling the wage arrears of migrant workers It is the first time to clearly require the full implementation of construction process settlement; In 2017, the Ministry of housing and urban rural development In the opinions on strengthening and improving project cost supervision, it is again proposed to implement the project price settlement system in the construction process; On December 24, 2019, the Ministry of housing and urban rural development issued the guiding opinions on Further Strengthening the supervision of bidding and tendering of housing construction and municipal infrastructure projects, which proposed to strictly enforce the management of contract performance and project changes, strengthen the management of project progress payment and project settlement, and the tenderee shall not take the unfinished audit as the reason for delaying project settlement and defaulting on project payment.
In July 2020, the Ministry of housing and urban rural development issued the work plan for project cost reform, which made it clear: strengthen the supervision of project construction contract performance and price payment, guide the employer and the contractor to carry out project payment and settlement in strict accordance with the contract, and fully implement the price settlement and payment in the construction process.
1.
The construction process settlement shall be measured and priced for the qualified project according to the contract, the non controversial part shall be settled in the construction process on schedule, and the controversial part shall be handled according to the dispute resolution method agreed in the contract.
If there is no agreement on the handling time limit of settlement in the construction process in the contract, the time limit is 28 days.
Original link: http://zjt.shandong.gov.cn/art/2020/9/25/art_ 102884_ 9818441.html8.
The employer shall pay the settlement price during the construction process according to the procedures, time limit and proportion agreed in the contract.
5.
The government and state-owned investment projects shall not refuse or delay the process settlement and project payment on the grounds that the Completion Final Accounts audit has not been completed.
Government investment projects shall not be funded by the construction unit.
Source: the official website of the Ministry of housing and urban rural development, the websites of local housing and urban rural development departments, and the comprehensive arrangement of construction management.
On March 5, 2021, Jiangsu Provincial Department of housing and urban rural development issued a notice on printing and distributing the key points of construction industry in the province in 2021, which clearly stated that it was necessary to “formulate implementation opinions on settlement in the construction process”.
According to the feedback on the adoption of opinions in the Interim Measures for settlement of construction process of construction projects in Hubei Province (Exposure Draft), the project price of all engineering projects in Hubei Province is settled according to the process of divisional works..
