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笔者在建设施工企业从事多年的企业法务工作,办理了许许多多的建筑工程中的纠纷,特别是拖欠工程款的情况,有的工程完工后工程款却一直不能支付的现象屡见不鲜,有的工程甚至已经完工十多年,而施工方却一直拿不到应该获得的款项。诸如此类情况,使承包商资金链断裂,导致企业无法正常运转,有的甚至破产,而职工(大多数是农民工)得不到养家糊口的报酬。由此,引发了很多社会不安定因素。如何实现自己的债权,即收回应得的工程款,是施工企业遇到的难事。以下,笔者试着从“优先受偿”的法律角度谈谈如何实现工程债权。
The author has many years of corporate legal work in the construction and construction enterprises, handled a lot of disputes in the construction project, especially in arrears of project payments, and some projects have been unable to pay the project money after the completion of the common, and some projects It has even completed more than a decade, but the construction side has been unable to get the money it deserves. Cases such as these can ruin the contractor’s funding chain, lead to the inability of the business to function properly, and some even go bankrupt, while workers, mostly migrant workers, receive no compensation for their families. As a result, many social unrest factors have been triggered. How to realize their own claims, that is, to recover the due project payments, is a difficult construction enterprises encountered. The following, the author tries to talk about how to realize the creditor’s rights of the project from the legal point of view.