Judgment opinion: This court believes that the second instance determination that Kaiweiqi is not the actual construction person does not lack factual and legal basis.
As the principal of this case, Kaiweiqi signed several engineering contracts with Pannan Management Committee in the name of Chongqing Degan Company in the early stage.
The subcontractors, illegal subcontractors, affiliations, etc.
In the case of layer by layer subcontracting, illegal subcontracting for many times, re subcontracting after affiliation or illegal subcontracting, the actual constructor only refers to the civil subject who is the last to enter the construction site.
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First instance Third party: Beijing Shen’an Investment Co., Ltd.
The actual construction personnel refer to the natural persons, legal persons, or other organizations that engage in the construction of engineering projects by raising funds, organizing personnel and machinery, and paying wages or labor remuneration to migrant workers.
After the project involved in the case introduced Guizhou Shen’an Company as the investment entity in December 2015, Kaiweiqi did not participate in the contract signing as an agent of Chongqing Degan Company.
First instance Third party: Guizhou Shen’an Pannan Investment Co., Ltd.
Contact number: 13865645459.
5114 Civil Judgment Date: September 16, 2021.
Judgment document: Supreme People’s Court (2021) Supreme People’s Court No.
Case source: China Judgment Document Network Retrial Applicant (first instance plaintiff, second instance appellant): Kai Weiqi Respondent (first instance defendant, second instance appellant) Liupanshui Pannan Industrial Park Management Committee First instance Third party: Chongqing Degan Construction and Installation Engineering Co., Ltd.
However, Kaiweiqi also entrusted the involved projects to others for actual construction through illegal subcontracting or dismemberment subcontracting.
who are only part of the circulation of the project contract are not the actual constructors, and have no right to break through the Privity of contract and claim the project payment directly from the employer over the other party of the contract.
They are different from contractors, construction teams, and individual migrant workers in situations such as affiliation, subcontracting, illegal subcontracting, and dismemberment subcontracting.
Combined with the content of the “Internal Contracting and Operation Contract for Engineering Projects”, Kaiweiqi formed a affiliated relationship with Chongqing Degan Company.
Kaiweiqi’s claim that he was the only actual construction worker lacked factual basis, but instead confirmed that he was essentially an intermediate link in the multiple transfers of the project contracting in the case or only a project management personnel of Chongqing Degan Company
.
A large number of effective legal documents in separate lawsuits indicate that the project involved in the case was dismembered or illegally subcontracted by Chongqing Degan Company, and there were multiple actual construction workers.
