Can I do subcontracting projects with general contracting qualifications?

According to the actual situation, the general contractor of the construction project may contract part of the contracted project to the 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 to the construction unit for the subcontracted project.

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.

Article 29 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 to the construction unit for the subcontracted project.

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.

It must also be legally subcontracted within the scope of the law.

Can a construction enterprise with the first-class qualification of general construction contracting undertake various professional projects within the scope of its contracting? For example, can a first-class enterprise of general contracting of housing construction undertake earthworks within the scope? Steel structure engineering?

M&E installation works, etc.? The answer is: Yes!

Argument 1: Article 6 of the Regulations on the Administration of Construction Enterprise Qualifications No. 159 of the Ministry of Construction stipulates that enterprises that have obtained the qualification of general construction contracting (hereinafter referred to as general construction contracting enterprises) may undertake general construction contracting projects. The general construction contractor may construct all the professional projects in the general construction contracting project it undertakes, or may subcontract the professional engineering or labor operations to a professional contracting enterprise or labor subcontracting enterprise with corresponding qualifications in accordance with the law.

Enterprises that have obtained professional contracting qualifications (hereinafter referred to as professional contracting enterprises) may undertake professional projects subcontracted by general construction contracting enterprises and professional projects contracted by construction units in accordance with the law. A professional contractor may construct all the professional projects it undertakes on its own, or may subcontract the labor service operations to a labor subcontractor with corresponding qualifications in accordance with the law. Argument 2: Article 7 of the Notice of the Ministry of Construction on Printing and Distributing the Implementation Opinions on the Regulations on the Administration of Construction Enterprise Qualifications (Jian Shi [2007] No. 241) stipulates:

If you choose a certain category of qualification in the general contracting sequence as the main qualification of the enterprise, you can apply for each category of qualification in the general contracting sequence. Enterprises that have obtained the general contracting qualification of construction can no longer apply for the qualifications of various professional contracting categories within the scope of the general contracting qualification, and can contract professional contracting projects. General contracting enterprises bidding or contracting professional projects outside the scope of their general contracting category qualifications must have the corresponding professional contracting category qualifications; General contracting enterprises shall not apply for labor subcontracting qualifications.

Argument 3: Article 13 of the Regulations on the Administration of Construction Enterprise Qualifications (Decree No. 87 of the Ministry of Construction) of the Ministry of Construction stipulates that a general construction contractor undertaking a professional project within the scope of the general contracting project may no longer apply for the corresponding professional contracting qualification. However, how to understand it intuitively?

1. According to the literal meaning, since it is a general construction contract, it should include any work content in the general contract. If it does not include the content within the scope of the general contract, the professional project must be subcontracted, and the general contractor will inevitably become a "second dealer", just take over the project from the employer, and then subcontract the earthwork to the earthwork unit, the mechanical and electrical installation is subcontracted to the mechanical and electrical equipment installation unit, and the decoration, steel structure, metal doors and windows are also professionally subcontracted. In the long run, the strength of the general contractor will gradually be reduced.

2. According to the relevant documents of the Ministry of Construction, enterprises with construction general contracting qualifications can contract professional projects within the scope of general contracting.

Legal Analysis: No. The following conditions must be met for the legality of labor subcontracting:

1. The content of the subcontracted project is labor operation, and it belongs to one or more of the following: 1. Carpentry industry; 2. Masonry operations; 3. Plastering operation; 4. Stone industry; 5. Paint operation; 6. Reinforcement operation; 7. Concrete operation; 8. scaffolding erection; 9. a template job; 10. Welding operations; 11. Plumbing and electricity installation operations; 12. Sheet metal engineering operations; 13. Wiring engineering operations Second, the contractor of labor subcontracting must have the labor subcontracting operation qualification that is consistent with the project content (also the above 13 kinds), and meet the corresponding level Such as: If the project includes masonry operations and plastering operations, and the amount of masonry meets the requirements of the first-class qualification, it is necessary to build a grade + plastering qualification in order to legally subcontract Third, the single contract amount of labor subcontracting cannot exceed 5 times the registered capital of the enterprise.

Legal basis: "Measures for Bidding and Bidding for the Construction of Engineering Construction Projects" Article 67 For those who do not have the conditions for subcontracting or do not meet the provisions of subcontracting, the tenderer has the right to refuse when signing the contract or the winning bidder puts forward the subcontracting requirements. When it is found that the winning bidder has subcontracted or illegally subcontracted, it may be required to make corrections; If the correction is refused, the contract may be terminated and reported to the relevant administrative supervision department for investigation and punishment.

If the supervisor and the relevant administrative department find that the winning bidder violates the contract for subcontracting or illegal subcontracting, they shall require the winning bidder to make corrections, or inform the tenderer to require them to make corrections; For refusal to make corrections, it shall be reported to the relevant administrative supervision departments for investigation and punishment.