As the real estate market has recently become tight, problems with non-payment of construction fees are occurring frequently in the domestic construction industry. Disputes arise in various situations, such as when payment is not made properly at the agreed upon time or when additional amounts are incurred as the work period is longer than originally expected.
If the construction price is not paid properly, the supply of materials is delayed, the work schedule is naturally delayed, the dispute cannot be resolved, and the building remains unfinished, making the economic situation even more difficult.
In these cases, the problem must be resolved legally through a construction payment claim lawsuit. A construction payment claim lawsuit literally refers to a legal procedure to demand payment when the other party does not pay the promised amount even though the construction is carried out as contracted and completed.
For this lawsuit, you must prepare documents that can prove your debt relationship with the other party for the construction cost, including the contract, and the statute of limitations is relatively short at 3 years, so you must respond quickly to recover your legitimate rights.
In addition, if the construction payment has not been received, it is possible to exercise the lien to occupy the construction site until the claim is repaid. However, there must be no special clause excluding the lien at the time of contract and conditions for establishment, such as maintaining possession of the site, must be met.
Evidence is important because construction payment claim lawsuits arise when the parties' positions or claims differ regarding the rights or obligations under the contract, and the key is to prove clear violations of the subcontracting law, such as a construction contract written with an inflated amount.
If construction was carried out according to a fair and legal contract, it is natural to receive proper payment for the construction. If you are considering legal action in relation to construction costs, you will need proof materials, lien rights, and preservation measures to prepare for compulsory execution.
Help: Seongmin Shin, attorney at Daeryun Law Firm (Limited)
View full article - [Story of a useful lawyer] Construction payment claim lawsuits, response strategy should vary depending on whether subcontracting law is violated
