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How should I prove the nonpayment of construction payment?

Even though the construction was completed, the ordering party has not paid the promised payment, so the nonpayment of the construction payment continues. No formal contract was drawn up, and the scope and amount of the work were agreed upon orally before proceeding. There are records of some of the content exchanged by text message or KakaoTalk, and I also keep photographs of the construction site and records of material and labor cost expenditures. I would like to know whether the fact of the nonpayment of the construction payment can be proven with such materials alone, and, if it comes to a lawsuit, what evidence is most important.

nonpayment of construction payment

Answer to Related Inquiry

Author: 김국일

Hello. This is an attorney experienced in civil cases at Daeryun Law LLC.

The key to winning a nonpayment of construction payment case is to prove, as a matter of legal principle, the "fact that the construction was performed" and the "nonpayment of the payment".

People often think that without a contract a lawsuit is impossible in the case of nonpayment of construction payment, but under our Civil Act a contract for work is a 'non-formal contract' that does not require any special form.

In other words, even without a written contract, a contract is validly formed as long as there is a meeting of the minds between the parties.

Therefore, instead of a contract, you must systematically collect indirect evidence to support this.

Text or KakaoTalk messages discussing the construction schedule and amount, estimates, receipts for material purchases, and records of labor cost payments can all serve as excellent evidence.

Circumstances in which the ordering party checked on the progress of the construction or requested modifications become decisive material for proving the contractual relationship.

In addition, you must secure before-and-after photographs, on-site footage, and supervision records that show the construction was actually completed.

In a nonpayment of construction payment dispute, the other party often refuses payment on the ground of 'incomplete construction' or 'defects', so it is essential to organize materials that can prove the objective work progress.

(*Work progress (giseonggo): the funds required for the portion constructed to date, calculated based on the progress rate of the construction)

If the supporting evidence is insufficient and you are having difficulty responding, you may wish to confirm the effect of the evidence through a legal review by an attorney experienced in civil cases and prepare practical means of recovering the claim, such as provisional attachment or an appraisal of the work progress.

Daeryun Law LLC provides legal assistance suited to the client's situation, so you may wish to confirm the appropriate response procedure through a consultation.