First, how to punish overpayment of project funds?
(a) should actively return the overpaid project funds;
(2) If the cash has been used for other purposes, some items should be added.
Article 74 of the Construction Law: "If a construction enterprise cuts corners during construction, uses unqualified building materials, building components and equipment, or commits other acts that are not in accordance with engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined;
If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate; If the quality of a construction project does not meet the prescribed quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; If a crime is constituted, criminal responsibility shall be investigated according to law.
Second, what if the project does not pay?
Bring a lawsuit to court. In the process of litigation, the judge can act as an intermediary to do the work of the debtor. In this case, it is easy for both parties in arrears to reach a settlement and then sign a settlement agreement. When one party fails to perform the settlement agreement, it can apply directly to the court for enforcement of the agreement.
Article 412 of the Civil Code: If the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, resulting in the collateral being sealed up by the people's court according to law, the mortgagee has the right to collect the natural fruits or legal fruits of the collateral from the date of sealing up, unless the mortgagee fails to notify the debtor who should pay off the legal fruits.
Third, the limitation of action for disputes over project payment.
According to the latest law of our country, the limitation of action for project arrears is three years, counting from knowing or should know the arrears. The limitation of action can be interrupted by some behaviors claiming rights, and can be recalculated after the interruption.
How long it takes for the court to make a judgment after bringing a lawsuit to the court depends on the specific circumstances of the case: according to the provisions of the Civil Procedure Law, if the court applies summary procedure to try a civil case, it shall conclude it within three months; If ordinary procedures are applied, the case should be closed within six months. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
The above is a detailed introduction on how to punish overpayment of project funds. According to the relevant laws, you can ask for a refund of the overpaid project funds, and both parties can solve it through consultation. If you still have relevant legal questions, I suggest you consult a professional lawyer, and we will serve you wholeheartedly.