我是张智仪,四川省广元市人,儿子张春于2013年从部队复员,未能就业,于是在家庭的资助下,挂靠四川圆瑞公司,承包了该公司中标的广元市水务投资有限公司的塔子山堤防工程。该工程于2015年2月竣工验收合格并交付使用。

该工程存在的争议部分为:齿墙加大、外购砂砾石调差、新增变压器、新增过河便桥,在处理这件事中,有关单位明显违背事实,歪曲事实,反而将未经质证捏造事实作为认定依据,对我们提供的新证据故意遗漏,这是为何?

一是段齿墙变更价款,是明显故意违背事实。我们有相关手续和签字证明,但提交的这些资料被忽略。

1、2014年3月21日齿墙调为C20砼挡墙《报告单》;

2、2014年4月1日齿墙加大《设计修改通知单》;

  • 监理、发包人及其主管部门确认的《会签审批单》;
  • 现场《地基验槽记录》、《计量报验单》。

二是不支持砂卵石外购调差价款2297598元,是故意违背事实。原因为招标文件与施工合同关于材料价格调整约定一致,明确应予调整,既有设计变更相关依据,同事建设单位也签署了意见。

1、2011年12月26日《关于嘉陵江城区塔子山防洪提防工程评审情况的报告》;

2、2013年12月25日《会议纪要》;

3、2014年2月17日石渣变更为砂卵石的《设计修改通知单》;遗漏新证据。

4、2014年8月22日砂卵石外购的《设计修改通知单》;遗漏新证据。

5、2015年9月14日《会签审批单》;

6、2015年9月17日《工程完工结算书》;

7、2015年9月28日《工程完工结算会议纪要》。

以上既有发包人签署意见,又有设计变更依据。为何还要颠倒黑白?

另外,关于张春亦未提供银行转账、完税证明、现场代表与监理收方计录或相关影像资料证明相关费用的真实性的问题。相关单位从未提及,认定的依据来源于何处?

三是不支持新增过河便桥价款855885.51元。

其借鉴《鉴定意见书》该费用与招标文件的规定相矛盾的错误认定,其招标文件与施工合同关于场外为满足施工道路交通设施的约定一致,由发包方承担有关费用。

搭建过河便桥是在施工过程中施工条件发生变化,而新增的临建工程项目:《报告单》(2013.12.2.)、《会议纪要》(2014.1.9.)、《现场签证记录》(2018.3.21.)、《取料通道图》等证据证实,施工单位报告给发包人,并取得发包人同意,且对工程价款予以签认。

为了支持孩子的工程项目,我们到处找亲朋好友借钱,现本金加利息已达700多万,我们无力偿还。每逢节假日,亲友们都在催款,沉重的压力和负担,让我们全家喘不上气。

工程款至今没有下落,现在我们一家人生存困难,合法权益不知如何维护。再次恳请相关部门、上级领导,关注此事,还我们一个公平正义的结果!谢谢了!

—-本稿件由当事人提供发布,仅代表个人观点,与平台及媒体无关,禁止借用。

《工程款迟迟未支付,家境困难重重,怎么办?》有16条评论
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