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The so-called subcontracting in construction projects refers to the practice where the general contractor, or the contractor responsible for surveying, design, or construction, after undertaking a construction project, assigns certain parts of that project to other contractors and enters into subcontract agreements with them under the main contract. The general contractor, survey contractor, design contractor, and construction contractor become the employers under the subcontract. The general contractor, as well as the survey, design, and construction contractors, may only subcontract part of the work to entities that possess the appropriate qualifications. In accordance with the relevant laws of our country, construction surveyors, designers, and contractors engaged in construction activities must meet the following qualification requirements: 1. They must have a registered capital that complies with **regulations ; Reposted from the Project Managers Association II. Professional and technical personnel with the required legal qualifications appropriate for the construction activities they carry out ; Articles from the Project Managers Alliance III. The technical equipment necessary to carry out relevant construction activities ; IV. Other conditions stipulated by laws and administrative regulations. Construction surveyors, designers, and contractors engaged in construction activities are classified into different qualification levels based on criteria such as their registered capital, professional technical personnel, technical equipment, and track record of completed construction projects. Only after passing the qualification assessment and obtaining the corresponding qualification certificate can they carry out construction activities within the scope permitted by their qualification level. When subcontracting a project, the general contractor shall verify whether the subcontractor possesses the qualifications required to carry out that portion of the construction work. If the general contractor subcontracts the project to a subcontractor that does not possess the required qualifications, such subcontract is invalid. Project manager community: To prevent the general contractor, as well as the surveyors, designers, and construction contractors, from subcontracting tasks that should be carried out by them themselves, or from subcontracting such tasks to third parties whom the client does not trust, any subcontracting must be approved by the client. To avoid issues such as unclear responsibilities resulting from multiple layers of subcontracting, as well as reduced costs for the actual project due to too many intermediate stages, subcontractors shall not subcontract the work they have been assigned; in other words, only one level of subcontracting is permitted for a construction project. In the contracting format that combines contracting and subcontracting, there are two distinct contractual relationships: the main contract and the subcontract. A contract for work is a contract concluded between the employer and the general contractor, survey contractor, design contractor, and construction contractor. The general contractor, survey contractor, design contractor, and construction contractor shall bear full responsibility to the employer for the performance of the contract for work; even if they subcontract part of the projects covered by the contract to others in accordance with the terms of the contract or with the employer’s consent, they remain liable to the employer regarding the subcontracted work. A subcontract is a contract entered into among the general contractor, survey contractor, design contractor, construction contractor, and subcontractor within a contract for work. Generally speaking, the subcontractor is only liable to the general contractor, survey contractor, design contractor, and construction contractor regarding the performance of the subcontract, and is not directly responsible to the client. However, in order to protect the interests of the client and ensure the quality of the project, contract law imposes greater responsibilities on the subcontractor, meaning that the subcontractor shall bear joint liability with the general contractor, survey contractor, design contractor, and construction contractor toward the client for the results of the work it has completed. Due to problems with the subcontracted work, the employer can require the general contractor, the survey contractor, the design contractor, and the construction contractor to assume liability, or they can directly hold the subcontractor accountable. blog.mypm.net
According to the relevant laws of our country, construction surveyors, designers, and contractors engaged in construction activities must meet the following qualification requirements: It’s likely very difficult to meet these conditions
The selection of project subcontractors generally requires the owner’s approval
The general contractor for construction projects may subcontract part of the work to subcontractors with the appropriate qualifications; However, except for the subcontracting stipulated in the general contract, it must be approved by the project owner. In the case of a general construction contract, the construction of the main structure of the building must be carried out by the general contractor itself. The general contractor for construction projects is liable to the project owner in accordance with the terms of the general contract ; The subcontractor is liable to the general contractor in accordance with the provisions of the subcontract. The general contractor and the subcontractors shall bear joint liability to the project owner for the subcontracted work. General contractors are prohibited from subcontracting projects to entities that do not possess the appropriate qualifications. Subcontractors are prohibited from further subcontracting the projects they have been assigned. Subcontracting in construction projects refers to the practice where a unit that holds a general contract for a construction project assigns certain parts or portions of that project to other contractors, entering into subcontract agreements with them under the terms of the original general contract. In this case, the contractor under the general contract becomes the employer for the subcontract agreements. The fundamental difference between subcontracting and subcontracting again is that in the case of subcontracting, the original contractor transfers the entire project it has been contracted to carry out to another party, without itself actually fulfilling the obligations stipulated in the contract ; In the case of subcontracting, the general contractor remains liable to the client for the fulfillment of all obligations stipulated in the general contract agreement, including those related to the subcontracted work. 1? The subcontracting of construction projects shall comply with the following provisions: (1) The general contractor for a construction project may assign certain parts of the project to subcontractors that possess the appropriate qualifications. Subcontracting of work is permitted by law, but it cannot be the main project. (2) Except for the subcontracting stipulated in the general contract, it must be approved by the project owner. Subcontracting work specified in the general contract can be carried out without the consent of the project owner; if it is not specified, such subcontracting must be approved by the project owner. (3) In the case of a general construction contract, the construction of the main structure of the building must be carried out by the general contractor itself. 2? Responsibility for subcontracted works. According to the Building Law, the general contractor and the subcontractors bear joint liability to the project owner for the subcontracted work. This regulation increases the responsibilities of the general contractor and subcontractors, thereby protecting the interests of the project owner. 3?The following actions constitute illegal subcontracting: (1) The general contractor subcontracts a construction project to a unit that does not possess the required qualifications ; (2) The contracting party assigns the portion of the construction work it has contracted to another party for completion, without such provision in the general contract for construction works and without the approval of the project owner ; (3) The general construction contractor subcontracts the construction of the main structure of the construction project to other entities ; (4) When a subcontractor subcontracts the construction project it has been contracted to. If a contracting unit illegally subcontracts the project it has been entrusted with, it shall be punished in accordance with Article 62 of the Regulations on Quality Management of Construction Projects and Article 67 of the Building Law, and such subcontracting shall be deemed invalid.
Is it considered subcontracting to assign a project to a contractor?
If they are hired to provide labor and become part of the company, and then the company assigns a certain part of the project to a contractor to carry out, this certainly does not constitute subcontracting.