The above behavior should be considered as Huang using the qualifications of a company in Nantong to undertake the project involved, and there is a affiliation relationship between Huang and a company in Nantong.
This case has been identified, of which 13 million yuan was paid to the labor team by a company in Nantong after receiving engineering funds from a company in Lan Century.
The main staff of the project in question were hired by Huang, who actually organized the construction of the project in question.
Once again, a company in Nantong appealed that the relevant funds already spent on the project in question were insufficient to be recognized as their investment in the project in question.
The above evidence can prove that Huang contacted Lan Century Company regarding specific engineering matters before winning the bid for the project in a certain company in Nantong, and had already entered the construction site before winning the bid.
However, Huang claimed that he made false statements in support of Nantong’s lawsuit against a company in Lanshiji and provided evidence that he was a staff member of Nantong University Affiliated Hospital and had a labor relationship with Nantong University Affiliated Hospital during the construction period.
The testimony of labor subcontracting leaders Chen Jianxin and Zhang Xingcheng, as well as the certificate from Yuxing Supervision Company, can confirm that Huang organized the entry of construction earlier than the signing time of the “Construction Project Construction Contract” in this case.
The main reasons are as follows: Firstly, it has been found in this case that Qu Wei, the former vice chairman of a certain company in Lan Century, proved that Huang had contacted him to undertake the project.
However, a company in Nantong was unable to provide a labor contract and social security certificate indicating that it had a labor relationship with Mr.
If they have participated, it is affiliation, and if they have not participated, it is subcontracting.
for construction projects, rather than just charging management fees.
Therefore, there is a lack of evidence to prove that a company in Nantong claims that it has an internal contracting relationship with Mr.
Huang, nor did it pay him wages.
If the above conditions are not met, the legal relationship between the contractor and the construction enterprise is called an internal contracting legal relationship, which is actually an affiliated or subcontracting legal relationship.
A company in Nantong signed a written “Construction Project Construction Contract” and “Supplementary Agreement” with a company in Lanshi, and later signed an “Internal Economic Responsibility Contract” with Huang, Requesting Huang to fully understand all the terms and conditions of the engineering construction contract signed between the company and the owner, strictly perform in accordance with the engineering construction contract, contract all contract risks and economic responsibilities, and actually authorize Huang to fulfill the rights and obligations of the Construction Engineering Construction Contract between a certain company in Nantong and a certain company in Lanshi; A company in Nantong also issued a power of attorney authorizing Huang to manage the project, providing Huang with the bank account of a company in Nantong for his use, providing conditions for Huang to fulfill his contractual rights and obligations with a company in Lanshiji.
Case No.: (2020) Supreme People’s Court No.
2、 What is the legal relationship between a company in Nantong, a company in Lanshi, and a company in Huang in this case? 3、 The reason for the judgment is related to the legal relationship between a company in Nantong, a company in Lanshiji, and a company in Huang in this case.
However, the act of a company in Nantong borrowing engineering funds or collecting engineering funds occurred after Huang obtained authorization to borrow the qualifications of a company in Nantong.
【 Classic Case 】 The second instance case of a construction contract dispute between a company in Nantong and a company in Lanshiji was heard by the Supreme People’s Court.
1269 Judgment Date: February 4th, 2021.
Although a company in Nantong appealed and claimed that project personnel Huang, Shi Xinyi, Zhang Shuai, Shen Ruiguo, Zhao Qian, and others were all appointed by the company, and project manager Wang Chengming was also performing his duties at the construction site, he did not submit evidence to prove it and was inconsistent with the evidence in the case and the facts originally reviewed.
The distinction between affiliation and subcontracting should mainly be based on whether the contractor has participated in activities such as bidding and contract formation during the contracting and negotiation stage.
In the case where Huang is not an employee of a certain company in Nantong, his actions in contacting the project involved in the case and organizing the construction of the project involved cannot be considered as the job behavior of an employee of a certain company in Nantong.
Secondly, a company in Nantong appealed and claimed that Huang claimed during the first instance of this case that he had previously signed a labor contract with a company in Nantong.
Cause of Case: Construction Contract Dispute Keywords Internal Contracting Attachment 1.
Huang borrowed or collected engineering funds from a company in Lan Century through a company account in Nantong, which is one of the manifestations of Huang borrowing the qualifications of a company in Nantong, The act of transferring funds from a certain company in Lan Century to a certain company account in Nantong, as well as the inevitable situation of Huang receiving funds through a certain company account in Nantong and then making external payments through a certain company account in Nantong, cannot prove his financial investment in the project involved.
.
Therefore, a company in Nantong appealed that the reason for its existence of a labor relationship with Mr.
2.
Our institute believes that a company in Nantong and a company in Lanshiji have not signed and performed the true declaration of will of the construction contract of the construction project involved in the case, and the Construction Contract and Supplementary Agreement signed by both parties are invalid; Huang is the actual construction worker involved in the case who borrowed the qualifications of a company in Nantong.
Huang.
Huang cannot be established.
The minutes of previous meetings show that Huang and his subordinates, including Yu Zhiliang, Ge Xuehua, Shi Jin, Zhang Zhiwei, and others, participated in the construction of the project.
Except for the safety officer Shi Xinyi, Shen Ruiguo, Zhao Qian, Zhang Shuai, and others, the management personnel proposed by a company in Nantong did not appear; Yuxing Supervision Company also confirmed that the staff of a certain company in Nantong had no other personnel involved in the construction of the project except for the safety officer Shi Xinyi; Chen Jianxin and Zhang Xingcheng, the persons in charge of the engineering labor subcontracting involved in the case, testified in the first instance of this case that they were assigned by Huang to carry out construction and were responsible to Huang.
Internal Contracting of Construction Projects: Firstly, the construction enterprise and project manager (internal contractor) must meet the following conditions: There is a genuine labor relationship between the main management personnel, including signing labor contracts, paying wages, and paying social security; Secondly, construction enterprises should provide support for construction projects in terms of funds, technology, equipment, etc; Thirdly, construction enterprises should conduct progress management, quality management, acceptance management, etc.
Key Points of Judgment 1.
