I just heard a contract management case. Let’s discuss it.

I have never studied any project management. From my personal experience, both units are responsible. Unit B is both the construction party and the manager of unit C, so it is responsible. Unit C, as the specific construction unit, should also be responsible. Nowadays, we are doing some unclear subcontracting work. I have more subcontracting teams under my command. To put it bluntly, if there is a problem, the two units will deal with it together. If you encounter such a thing, first ask the leader of unit B to come over and deal with it, then deal with the person in charge of unit C, and then coordinate the two units to solve the problem together. You don't have to worry too much about how they deal with it.

Article 272 of the Contract Law: “The general contractor or the survey, design or construction contractor may, with the consent of the contractor, hand over part of its contracted work to a third party for completion. The third party shall be jointly and severally liable to the contractor with the general contractor or the survey, design, and construction contractor for the work results completed by it. Contractor (please note: (a contractor, not a general contractor!!) shall not subcontract all the construction projects it has contracted to a third party or dismember all the construction projects it has contracted and then subcontract them to third parties in the name of subcontracting. Contractors are prohibited from subcontracting the projects they contract. The construction of the main structure of the construction project must be completed by the contractor himself. ” "Management Specifications for General Contracting of Construction Projects" GB/T 50358-2005 2.0.2 Engineering Procurement Construction (EPC) contracting The general contracting enterprise is entrusted by the owner to undertake the whole process or several stages of the design, procurement, construction, trial operation, etc. of the engineering construction project in accordance with the contract. 2.0.4 The project contractor shall stipulate in the contract agreement that the party accepted by the project contractor as the main contractor of the project or the legal successor who has obtained the qualification of the party. In this specification, the project contractor refers to the general contractor. 2.0.5 Project subcontractor The project contractor subcontracts some of the projects or services in the general contracting project to parties with corresponding qualifications in accordance with the provisions of the general project contracting contract. In this specification, the project subcontractor refers to the subcontractor. Explanation of provisions: 2.0.4 "Project contractor" refers to the party to the contract of general contracting of the project. The project contractor must have the qualifications as a general project contractor, that is, a legal person qualification with the ability to general project contracting, the corresponding qualification level, and must be accepted by the contractor. 2.0.5 "Project subcontractor" is a party to the project subcontract. General project contracting enterprises can subcontract part of the work within the scope of general project contracting to "project subcontractors" to complete, including design, supply of complete sets of equipment, construction and other services. “"Project subcontractor" must have the corresponding qualifications as a contracting entity, that is, having the qualifications as a contracting legal person and the corresponding qualification level. “"Project subcontractor" shall not subcontract the work of the subcontract as a whole. From the above * * It can be seen from the laws and regulations that both design subcontracting and construction subcontracting are valid contracts, which seems to be different from the teacher's statement that "the design subcontracting contract is valid and the construction subcontracting is invalid." Any errors caused by the subcontractor's work shall be mainly held by the general contractor, and the subcontractor shall bear joint and several liability.

Article 272 of the Contract Law: “The general contractor or the survey, design or construction contractor may, with the consent of the contractor, hand over part of its contracted work to a third party for completion. The third party shall be jointly and severally liable to the contractor with the general contractor or the survey, design, and construction contractor for the work results completed by it. Contractor (please note: (a contractor, not a general contractor!!) shall not subcontract all the construction projects it has contracted to a third party or dismember all the construction projects it has contracted and then subcontract them to third parties in the name of subcontracting. Contractors are prohibited from subcontracting the projects they contract. The construction of the main structure of the construction project must be completed by the contractor himself. ” I think the contractor should be understood as the general contractor

According to the original poster's intention, further reasoning is that if design subcontracting is not restricted and is a valid contract, then can it be said in other words that design subcontracting can be subcontracted layer by layer? Then to what extent must the subcontracting be terminated? Who ultimately controls whether the contract is valid?

According to Article 2 of the "Interpretation of the Supreme People's Court on Applicable Legal Issues in the Trial of Construction Contract Disputes on Construction Projects", although in the case of subcontracting, the subcontracting contract is invalid, if the quality of the construction project undertaken by the subcontractor (actual constructor) is qualified, the subcontractor can still claim the project price. Article 28 of the "Construction Law of the People's Republic of China" (hereinafter referred to as the "Construction Law") that came into effect on March 1, 1998: “The contracting unit is prohibited from subcontracting all the construction projects contracted by it to others, and the contracting unit is prohibited from dismembering all the construction projects contracted by it and then subcontracting them to others in the name of subcontracting. ”Paragraph 2 of Article 272 of the Contract Law promulgated and implemented in 1999 further stipulates that: “The contractor shall not subcontract all the construction projects it has contracted to a third party or dismember all the construction projects it has contracted and subcontract them separately to third parties in the name of subcontracting. ” Paragraph 2 of Article 67 of the "Construction Law" stipulates: “If a contracting unit commits any illegal act as stipulated in the preceding paragraph, it shall be jointly and severally liable with the unit accepting the subcontract or subcontract for losses caused by the subcontracted project or the illegally subcontracted project not meeting the prescribed quality standards. ”Therefore, the subcontractor and the subcontractor shall bear joint and several liability to the original contract developer for the quality of the construction project. According to the terms of the contract, it is estimated whether it is subcontracting or illegal subcontracting or subcontracting, and then the validity of the contract is analyzed.

1# sdcyz First of all, let me state that I haven’t learned much about engineering management. I have just started. Let me briefly talk about my views. First, a assigned the design and construction tasks to b and c respectively. During the implementation process of c, because the design drawings should be the fault of party b, a should first investigate party b's fault. Party c can only be regarded as unlucky and follow the drawings. Party a and party b are the responsible parties, and party c should not bear the responsibility. Outsiders, don’t make false claims.

I still prefer the "first-ask-responsibility system". It has nothing to do with subcontracting. All laws and regulations are rigid, but seeking truth from facts is the right thing to do.

A layman, but it sounds interesting! LZ, why don’t you ask the teacher’s basis for judgment, and then post it together. If everyone has different opinions, they should all come out and discuss it. In addition, I am still a little confused: Is the package C takes over from A or B? (If it’s a question without common sense, don’t make a fuss, just help children, answer it, thank you! Because I found that the disagreement in everyone's discussion seemed to be who gave the bag to C. Some people seemed to understand it as B, and some understood it as A)

Article 272 of the Contract Law: “The general contractor or the survey, design or construction contractor may, with the consent of the contractor, hand over part of its contracted work to a third party for completion. The third party shall be jointly and severally liable to the contractor with the general contractor or the survey, design, and construction contractor for the work results completed by it. Why is the design contract not valid and the subcontract valid? Why aren't both contracts invalid? First, the design is carried out, and then the construction can be carried out. If you subcontract the design, you cannot subcontract the construction. If the construction has been done before, you cannot subcontract the design. Because the design comes first, the construction contract is invalid.

The design contract is valid, and so is the construction contract. If there are problems with the design, the design unit should bear certain responsibilities according to the contract. The construction unit has no responsibility. The construction unit can get the payment it deserves. If rework occurs, the construction company can still get payment for the part of the task that was reworked. Based on the principle of non-duplication of benefits, the construction party that reworks the part can receive cost compensation.