How to determine illegal subcontracting, the standards are several situations stipulated in Article 78 of the “Regulations on the Quality Management of Construction Projects”: 1.
Any project that falls within the scope of bidding and is not subject to bidding, the signed construction contract shall be invalid.
The quality of construction projects is life, and the construction ability of construction enterprises is a prerequisite for ensuring quality.
2、 The “Tendering and Bidding Law” stipulates the scope of bidding that must be carried out for projects that have not been tendered or have been awarded an invalid bid.
The general contracting unit subcontracts the project to units or individuals without corresponding qualifications, which is illegal subcontracting; 2.
In practice, it is easy to encounter problems: firstly, for projects that must be tendered, the general contracting civil and installation engineering is tendered, and ancillary projects such as decoration engineering are directly contracted by the construction unit, then the contract directly contracted is also invalid; 2、 For projects that must be tendered, after the general contractor wins the bid, the construction unit will directly assign parts of the general contracting project to a third party for construction based on various circumstances.
The management and inspection of the qualifications of construction enterprises are the foundation of construction.
Contracts signed by unqualified and unqualified enterprises are invalid contracts.
The general contracting unit subcontracts the construction of the main structure of the project; 4 subcontracting units for re subcontracting.
The construction contract signed between the construction unit and the third party is also invalid.
However, if the contractor obtains the corresponding qualification level before the completion of the project, it cannot be treated as an invalid contract.
3、 Illegal subcontracting of construction projects by general contracting units is common, but subcontracting in violation of regulations can also lead to invalid subcontracting contracts.
Detailed regulations are included in the “Regulations on the Scope and Scale of Bidding for Engineering Construction Projects”.
【 Weekly statement 】 Common legal issues in construction engineering construction: 1.
The general contracting unit hands over some of the project to other units for completion, which is not stipulated in the general contracting contract and has not been recognized by the construction unit; 3.
Contractors who have not obtained the qualification of construction units or exceed the qualification level implement strict qualification access systems in the field of construction.
The “Construction Law” stipulates that construction enterprises implement mandatory qualification management.
These categories are all illegal subcontracting·
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