How to distinguish between subcontracting and dismemberment in construction regulations

1. Subcontracting refers to the act of the unit engaged in the general contracting of the project to contract a part of the contracted construction project to the contractor with corresponding qualifications in accordance with the law, and the general contractor does not withdraw from the contracting relationship, and it and the third party shall bear joint and several liability to the employer for the work results completed by the third party.

Legal subcontracting must meet the following conditions: (1) the subcontracting must obtain the consent of the employer; (2) Subcontracting can only be a one-time subcontract, that is, the subcontractor shall not subcontract the project contracted by it again; (3) The subcontract must be subcontracted to a unit with corresponding qualifications; (4) The general contractor may contract part of the contracted project to a subcontractor with corresponding qualifications, but shall not subcontract the main project.

2. Dismemberment and awarding refers to the act of the construction unit dismembering the construction project that should have been completed by one contractor as a whole into several parts, and awarding the contract to different contractors respectively.

Internationally, it is also a common practice to contract each part of a project to different construction (or design) units, and each unit to complete different parts of the project separately, and it is called "parallel contracting", that is, the so-called "dismemberment contract".

Article 78 of the Regulations on the Quality Management of Construction Projects stipulates that the term "dismemberment and awarding of contracts" as used in these Regulations refers to the act of a construction unit breaking down a construction project that should be completed by one contractor into several parts and awarding contracts to different contractors.

At the time of receiving the bid, all subcontracted ones must be accepted (signed). When I received the bid, I didn't have a share, but when I was working, it was subcontracted.

For example, if the template project of the unit project is contracted to one team, this is called subcontracting, and the template project is contracted to two teams, which is considered dismemberment and subcontracting

The following penalties will be imposed on the dismemberment of the construction project: 1Article 55 of the Regulations on the Quality Management of Construction Projects

If the construction unit violates the provisions of these regulations and dismemberes the construction project and awards the contract, it shall be ordered to make corrections and shall be fined not less than 0.5 percent but not more than 100 percent of the contract price; For projects that use state-owned funds in whole or in part, the implementation of the project or the allocation of funds may be suspended. 2.Article 65 of the Construction Law of the People's Republic of China

If the contract-issuing unit contracts the project to a contractor that does not have the corresponding qualifications, or violates the provisions of this law by dismembering the construction project and awarding the contract, it shall be ordered to make corrections and imposed a fine.

Legal analysis: 1) Some construction enterprises take advantage of their own convenient conditions with corresponding qualifications to conduct bidding and competitive bidding, and after winning the bid, after signing a contract with the employer, they subcontract the contracted project at a lower price or dismember the project and subcontract it to others, so as to obtain improper benefits. The contractor subcontracts or dismemberes the contracted project without authorization and subcontracts it to others, which violates the will of the employer and harms the interests of the employer.

2) Illegal subcontracting or subcontracting after dismemberment of the project, causing some contractors to cut corners in the construction process, resulting in low quality of the construction project and serious hidden dangers in the quality of the project. The construction project has become a veritable "tofu scum" project, and has even caused major quality accidents and caused serious losses to people's lives and property.

3) The contractor illegally subcontracts or subcontracts after dismemberment, which undermines the stability and seriousness of the contractual relationship. This kind of behavior may lead to confusion in the management of construction projects, cannot guarantee the quality and safety of construction projects, and can easily lead to the extension of the construction period, increase the construction cost, and damage the interests of the construction unit.

Legal basis: Construction Law of the People's Republic of China Article 24 advocates the implementation of general contracting of construction projects, and prohibits the dismemberment of construction projects and the issuance of contracts.

The contracting unit of a construction project may contract the survey, design, construction and equipment procurement of the construction project to a general contractor of the project, and may also contract one or more of the survey, design, construction and equipment procurement of the construction project to a general contractor of the project; However, it is not permissible to dismember a construction project that should be completed by a single contractor into several parts.

a.Celebrate the right time.

b.Mistake. Zhengyu which rock is the answer to the slow family: b