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In the construction of the project, arrears of project payment is a relatively common problem. If this happens, how should you, as a contractor or contractor, protect your rights and interests through legal means? This article will give you a detailed introduction to the relevant knowledge and steps of how to sue for arrears of construction payments.
1. Collect evidence.
It is crucial to gather sufficient evidence before prosecuting. This evidence can include documents such as contracts, invoices, payment records, construction progress records, etc. In addition, you also need to prove that the defendant is in arrears for the project, which may require some additional evidence, such as the defendant's financial situation, business status, etc.
2. Determine the competent court.
Before filing a lawsuit, you need to determine the competent court. Generally, you may choose to bring a lawsuit in the court of the place where the contract is signed, the place where the contract is performed, or where the defendant is domiciled. Choosing the appropriate court of jurisdiction can better protect your rights and interests.
3. Indictment.
A complaint is an important document in the prosecution process, and it needs to describe your claim and reasons in detail. When writing a complaint, you need to clearly state the facts and legal relationship and make a reasonable request for compensation. If you're not sure how to write a complaint, you can ask a lawyer to help you do it.
4. Trial. 
After the complaint is filed, the court will schedule a hearing. At trial, you will need to provide evidence to the court that the defendant is in arrears and ask the court to order the defendant to pay your due. In a trial, a lawyer can help you better understand and present the evidence, as well as respond to the opponent's rebuttals.
V. Judgment and Enforcement.
If the court finds that the defendant is in arrears, the court will rule in your favor. If the defendant still does not fulfill the payment obligation after the judgment takes effect, you can apply to the court for enforcement. In the process of enforcement, the court may enforce the judgment through seizure, auction, etc.
In short, if you encounter a situation of arrears in the project payment, it is very necessary to protect your rights and interests through legal means. In the process of prosecution, the collection of evidence, the selection of the competent court, the drafting of the complaint, the response to the trial, and the judgment and enforcement are all important steps. If you're not sure how to go about these steps, you can ask a professional lawyer to help you through the process. At the same time, in order to avoid the occurrence of arrears, the contractor and the construction party should fully understand and evaluate the financial status and business status of the other party before signing the contract.