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Can the general contractor for a construction project be a shareholder company of the project owner? And when the design party, the general contractor, and the project owner are all one and the same entity, how should responsibilities be divided?
This situation rarely occurs; if the general contractor is a shareholder of the owner, it’s as if the owner breaks down the project and then seeks out construction firms. He still manages the entire project; the smaller units that make up the project is handled by the construction firms. The client is responsible for design, general contracting, and construction. Generally, for state-owned investments, this is not allowed. If it is private investment in a joint-stock company, there are no clear restrictions.
The general contractor for a construction project can be a shareholder company of the project owner, but it must possess the qualifications required for being a general contractor; the same applies to design work, which also requires corresponding design qualifications. For projects that fall within the scope of the Tendering and Bidding Law of the People’s Republic of China, the right to carry out the general construction of such projects must be obtained through bidding. Some large companies have subsidiaries for production, for project construction, and for engineering design; their responsibilities are divided according to the scope of work and duties they undertake. As with other types of construction projects, administrative orders from higher authorities (the clients) are inevitable during the construction process, and this is what sets them apart from other construction projects. This post was last edited by zhao*rong on 2007-12-18 11:40]
Hehehe, project contracting is such a hassle these days; it’s better for the construction entity to do it itself
Both state-owned and private enterprises in China now have entities with such qualifications; in the case of general project contracting, it depends on the scale of the project. Generally, entities with such qualifications can undertake small projects, and it can be a single company. The division of responsibilities should follow the overall principle of separation between design, procurement, construction, and commissioning. The specific responsibilities can be determined by the competent authorities of those enterprises. However, for large projects, **there is currently no enterprise with such qualifications, so bidding processes must be carried out in accordance with relevant regulations. The responsibilities related to design include preparing feasibility reports, preliminary designs, detailed construction drawings, and providing services at the construction site. The responsibilities of the general contractor involve coordinating with the design and construction teams to ensure that they fulfill their contractual obligations until successful commissioning of the project. The owner’s role is to conduct bidding processes and be involved in the entire process from project initiation to successful commissioning, ensuring quality control and ease of use in the future. Finally, after the general contractor, under the supervision of an oversight agency, verifies that everything is in order, the entire project is handed over to the owner for normal operation.
There are many ways to approach current projects, and each has its advantages as well as disadvantages. He can shorten the project construction timeline, and under the constraints of the contract, certain guarantees are provided regarding project quality, schedule, and safety. However, it’s best to clarify responsibilities in advance; this way, any issues can be resolved. If proper preparations aren’t made, there’s only one outcome: disaster”