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面对建筑市场司法问题,企业应加强风险管理,避免盲目追求规模扩张,更重要的是,有关法律问题必须厘清,依法治理行业问题,公平解决法律纠纷。必须更加重视和切实解决发包人拖延工程结算的问题,平衡发、承包双方的权利和义务通过拖延工程结算,达到拖欠工程款支付的目的,是无良发包人惯用的伎俩。最高人民法院关于审理建设工程施工合同纠纷案件适用法律问题的解释(以下简称“司法解释”)第20条:“当事人约定,发包人收到竣工结算文件后,在约定期限内不予答复,视为认可竣工结算文件的,按照约定处理。承包人请求按照竣工结算文件结算工程价
In the face of the judicial problems in the construction market, enterprises should step up their risk management and avoid blind pursuit of scale expansion. More importantly, relevant legal issues must be clarified, the problems of the industry dealt with according to law, and the legal disputes be settled fairly. We must pay more attention to and solve the problem that the contractor delayed the settlement of the project. We should balance the rights and obligations of the contracting parties and the parties through the delay in the settlement of the works so as to achieve the purpose of paying the arrears of construction payments. This is a common practice of unscrupulous contractors. Article 20 of the Supreme People’s Court on Legal Issues Applicable to Trial of Disputes over Construction Contracts (hereinafter referred to as ”judicial interpretation“) Article 20: ”Upon agreement by the parties, the Employer shall not give up within the agreed time limit after receiving the completion settlement documents, The reply shall be regarded as the approval of the completion settlement document and shall be dealt with as agreed upon. The contractor requests settlement of the construction price in accordance with the completion settlement document