The subcontracting of construction projects must be agreed by the construction unit???

It is agreed that the subcontracting project of the general contractor shall be approved by the construction unit. The general contractor, Company A, subcontracts part of the non-main project to Subcontractor B with corresponding qualifications, and has obtained the consent of the construction unit. According to the Building Act.

Article 21.

stipulates that subcontractor B shall be responsible to the general contractor A in accordance with the provisions of the subcontract.

The construction of the main structure or key parts of the project must be completed by the contractor itself, and shall not be subcontracted. The project subcontractor shall not subcontract the project it has contracted. A project subcontract that meets the above conditions is a legal subcontract, and a subcontract that violates any of these conditions is an illegal subcontract.

The general contractor of the construction project may contract part of the contracted project to a subcontractor with corresponding qualifications; However, except for the subcontract agreed in the general contract, it must be approved by the construction unit. General contracting of construction.

The construction of the main structure of the construction project must be completed by the general contractor itself.

The general contractor does not need to obtain the consent of the construction unit to sign the labor contract with the labor subcontractor; The professional subcontractor and the labor subcontractor do not need to obtain the consent of the general contractor to sign the labor construction contract.

The subcontract must be agreed by the construction unit, and the subcontractor must also have the corresponding qualifications.

Procedure: After the general contractor is determined, the general contractor selects the subcontractor that meets the qualification requirements and submits it to the construction unit for confirmation, and after the construction unit confirms, the general contractor and the subcontractor sign a contract, and the general contractor and the subcontractor bear joint and several liability. Sometimes, in the contract between the general contractor and the construction unit, it will be directly specified that a certain part of the construction content will be completed by a subcontractor.

The right of the construction unit to confirm the selection of the subcontractor is statutory. The letter of the law is clearly stipulated. Even if there is no written mention in the bidding documents or contract, it does not affect the statutory right of confirmation of the construction unit. Without the consent of the construction unit, the general contractor is illegally subcontracted.

The Contract Law stipulates that, with the consent of the employer, the contractor and the third party shall be jointly and severally liable to the employer for the work results of the third party if the contractor subcontracts part of the work to a third party to complete it. Therefore, it is necessary to obtain the consent of the employer. The construction unit and the employer are not the same thing.

It must be agreed by the construction unit.

Have to. Lawyer Wei Feng.

Legal analysis: whether the construction unit can be directly subcontracted needs to be determined according to the actual situation, and in accordance with the relevant laws and regulations, if the following legal conditions are met, it can be directly subcontracted; However, if the conditions are not met, it is illegal to issue a contract: 1. It can be subcontracted or agreed or approved by the employer as agreed in the general contract; 2. The project awarded by the general contractor to the subcontractor is a part of the project other than the main structure of the project in the general contracting project; 3. The subcontractor has the corresponding qualifications; 4. The subcontractor shall not subcontract the project contracted by him again.

Legal basis: Article 29 of the Construction Law of the People's Republic of China The general contractor of a construction project may contract part of the contracted project to a subcontractor with corresponding qualifications; However, except for the subcontract agreed in the general contract, it must be approved by the construction unit. In the case of general contracting, the construction of the main structure of the construction project must be completed by the general contractor itself.

The general contractor of the construction project shall be responsible for the construction unit in accordance with the provisions of the general contracting contract; The subcontractor shall be responsible to the general contractor in accordance with the provisions of the subcontract. The general contractor and the subcontractor shall be jointly and severally liable for the subcontracted project to the construction unit. The general contractor is prohibited from subcontracting the project to a unit that does not have the corresponding qualifications.

It is forbidden for a subcontractor to subcontract the project it has contracted.