WeChat public official account No.
Although company a obtained the qualification certificate of construction enterprise on November 16, 2020, including “grade II professional contracting of waterproof, anti-corrosion and thermal insulation engineering” and “non graded labor subcontracting of construction labor enterprise qualification”, it violated the mandatory provisions of the main body access system of the construction market, The contract shall be null and void.
The contract involved in the case is called labor subcontract, which is actually a construction project subcontract.
Article 4 of the judicial interpretation of the construction contract of new construction project (I) stipulates that after the contractor obtains the corresponding qualification before completion, the construction contract signed by the contractor beyond the qualification level shall be treated as effective.
Therefore, if the contractor has not obtained the qualification of construction enterprise and signed the construction contract of construction project, it is not allowed to supplement and correct the effectiveness, and it shall still be treated as invalid.
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Q: when signing the construction contract, the contractor has no construction enterprise qualification, but has obtained the construction enterprise qualification before the completion of the construction project.
Is the construction contract valid? A: the construction contract of the construction project is invalid.
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Other contracts that violate the prohibitive provisions of laws and administrative regulations are not allowed to be corrected.
2667 judgment gist: in this case, company a and company B signed the labor subcontract for waterproof engineering, but in the actual construction, company a not only provided labor operations, but also contracted labor and materials.
This article only stipulates that the construction contract of construction project beyond the qualification level can be corrected.
Related cases: (2021) Wan 03 min Zhong No.
At the time of signing the contract, company a had not obtained the qualification certificate of construction enterprise, and the project was completed in December 2020.
