The author introduces lawyer LV Xiaohua, senior partner of Fujian Yimao law firm, license No.: 13502201211929958.
The document signed by the project manager in the answer to several practical problems of the first people’s Court of Hangzhou intermediate people’s Court on the trial of construction project and housing related dispute cases: the project department is the organization of the construction contracting enterprise to implement the construction behavior, Project manager refers to the project manager entrusted by the enterprise to be fully responsible for the construction process of the project.
Second, the law signed by the project manager recognizes that the project manager is the general person in charge of the site.
In addition to the appearance of performing a specific act on behalf of the contractor, we should also review whether the other party has fulfilled its review obligations, such as whether the contractor has issued a power of attorney with clear authorization, in what name and when the project manager has performed the signing act, Whether the content is objective and true, and so on.
In addition, the construction enterprise usually authorizes the project manager due to the characteristics of long construction cycle and complexity Signature authority of project manager.
He is good at non litigation and litigation legal services such as construction projects, real estate disputes and mining rights, finance and company legal affairs.
From the current situation of construction project contracting, if the Contractor’s project department or project manager concludes a contract in the name of the contractor and the creditor requests the contractor to bear civil liability, it shall generally be supported, except that the contractor has evidence to prove that the creditor knows or should know that the project department or project manager has no agency authority.
Clearly stipulate the scope of authority of the project manager in the construction contract or subcontract of the construction project, such as contract change, increase or decrease of quantities, which shall be confirmed and sealed by the company; 2.
If the project funds are settled according to the subcontract and visa sheet, the project will face losses.
Then, are the quantities, prices and even settlement documents signed and confirmed by the project manager valid? How to identify? 1、 The power of the project manager {shall be in accordance with the provisions of the measures for the management of project manager qualification of construction enterprises issued by the Ministry of construction, Project manager of construction enterprise (hereinafter referred to as the project manager) refers to the project manager entrusted by the legal representative of the enterprise to be fully responsible for the construction process of the project.
It can be seen that the project manager is the manager entrusted by the construction enterprise to be fully responsible for the construction site, and the power is great.
After verification by the unit, the unit price recorded in the visa sheet was high and the quantities were untrue.
The two sides signed a labor subcontract and agreed on a fixed total price.
He has experience in M & a and construction projects of large-scale real estate projects, So far, it has represented nearly 1000 commercial litigation cases such as large state-owned enterprises and foreign-invested enterprises, and has been highly praised by customers.
Therefore, unless there is no evidence or the evidence is insufficient to prove that the opposite party knows or should know that the project manager has no authority, the people’s court generally finds that the behavior of the project manager constitutes job-related behavior or apparent agency.
He has been working as a lawyer since 2012.
In addition, Jiangsu, Sichuan, Zhejiang and other provinces and cities have similar regulations.
It is the representative of the enterprise in the project.
During settlement, the labor personnel provided a large number of visa sheets signed by the on-site project manager on incremental projects.
Article 8 of the Beijing Higher People’s court’s answers to some difficult problems in the trial of construction contract dispute cases of construction projects: how to determine the effectiveness of the acts performed by the Contractor’s project manager in the process of contract performance? During the performance of the construction contract, the project manager of the Contractor shall sign and confirm the settlement report and visa documents in the name of the contractor, affix the seal of the project department, collect project funds and accept materials provided by the employer.
3、 The lawyer suggests how to prevent the loss caused to the company by the project manager’s ultra vires signature.
It is the representative of the legal representative of the construction enterprise in the project.
This article is for reference and communication only, and does not constitute any form of legal opinion of the author or Yimao law firm..
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Author: LV Xiaohua ｜ editor in charge: Zhang Peng integrates law and business to create value! There are related legal issues.
Improve the project manager management system, punish illegal operations and improve the vigilance of the project manager; 5.
Carry out training activities for project managers to enhance risk awareness.
Avoid issuing blank power of attorney to the project manager; 3.
In the process of undertaking the management of the project construction, the project manager shall cooperate with the legal representative of the enterprise in accordance with the project contract signed between the construction enterprise and the construction unit The representative shall sign the project contract and within the scope of authorization of the legal representative of the enterprise, Exercise the following management powers: (1) organize the project management team; (2) handle the external relations related to the project undertaken as the representative of the legal representative of the enterprise, and be entrusted to sign relevant contracts; (3) direct the production and operation activities of the project construction, allocate and manage the labor, capital, materials, machinery and equipment and other production factors entering the project; （4） Selection of construction teams; (5) reasonable economic distribution; （6） Other management powers granted by the legal representative of the enterprise.
Introduction: the author once acted as an agent for a labor contract dispute.
Please contact Xiao Yi’s friendship to remind you that the contents of WeChat official account are only representative of the author’s personal view.
We suggest: 1.
If the signature of the project manager is required, the project manager shall pay attention to reviewing the contents of the document; 4.
In principle, it shall be recognized as a job act or apparent agency act, which shall be binding on the contractor, Unless otherwise agreed in the construction contract or the contractor has evidence to prove that the opposite party knows or should know that the project manager has no agency right.
The construction unit subcontracted the project labor to the labor personnel.
If the project manager’s signature damages the rights of the construction unit, how to determine it in judicial practice? In fact, this situation is not uncommon, and the people’s courts of many provinces and cities have also issued relevant regulations, such as: 1.
