What is called subcontracting, what is the difference between subcontracting and contracting

Legal Analysis: The nature of general contracting and subcontracting is different. General contracting refers to the general contracting unit, which is responsible for the management and operation of the project, directly responsible for its Party A, and supervised by the establishment.

Subcontracting refers to the team responsible for one of the sub-projects after consultation with the general contractor.

Legal basis: Article 806 of the Civil Code of the People's Republic of China If the contractor subcontracts or illegally subcontracts the construction project, the employer may terminate the contract. If the main building materials, building components and equipment provided by the employer do not meet the mandatory standards or fail to perform the obligation of assistance, resulting in the contractor being unable to carry out the construction, and the contractor fails to perform the corresponding obligations within a reasonable period of time after being reminded, the contractor may terminate the contract.

After the contract is terminated, if the quality of the completed bridge construction project is qualified, the employer shall pay the corresponding project price as agreed; If the quality of the completed construction project is not up to standard, it shall be handled with reference to the provisions of Article 793 of this Law.

Analysis of legal key cracks: a subcontract is a contract in which two or more contractors are responsible for raising the slag builder and completing the capital construction project;

The contract refers to the agreement between the buyer and the seller on the infrastructure products in economic activities, which is determined by the two parties through negotiation in the form of a contract; A contract is a contractual document that determines the rights and obligations of both parties and is protected by law.

Legal basis: Article 788 of the Civil Code of the People's Republic of China A closed-process contract for construction of a construction project is a contract in which the contractor carries out the construction of the project and the employer pays the price.

Construction contracts include engineering survey, design and construction contracts.

For example, I am a real estate developer, I want to do a landscaping project, I want to find someone to do it, and I want to do it, and I will do the bidding. A garden construction team B won the bid to undertake the project. I am the employer, and B is the contractor.

He couldn't complete it with one team, so he handed over part of the project to the construction team C, and C became a subcontractor.

A subcontractor is a contractor who contracts the work. The contractor is the contractor.

The difference between the general construction contractor and the main subcontractor is that the general construction contractor is the parent unit, the main subcontractor is the sub-unit, and a construction general contractor can have multiple main subcontractors, and they are affiliated with each other. "General construction contractor" refers to an enterprise or institution composed of relevant professionals, with corresponding qualifications, and engaged in production activities. "Subcontractor" refers to the act of a unit engaged in the contracting of the general cavity of the project to award a part of the contracted construction project to a 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 be jointly and severally liable to the employer for the work results completed by the third party.

Article 29 of the Construction Law The general contractor of a construction project may contract part of the contracted project to a subcontractor with corresponding qualifications; However, except for the subcontracting 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.

Construction contracts can be divided into two categories: direct contracting and subcontracting according to the content of the work contracted by the contractor. Direct contracting refers to the direct contracting of the project by the employer to the contractor, including general contracting of the project and the contracting of a single project. Subcontracting means that the general contractor, survey, design and construction contractor may, with the consent of the employer, hand over part of the work contracted by itself to a third party to complete.

1. Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Cases of Disputes over Construction Contracts clearly stipulates that subcontracting is invalid, and Article 7 clearly stipulates that "if a labor subcontract signed by a contractor with legal qualifications for labor operations and a general contractor or subcontractor is invalid on the grounds that the subcontracted construction project violates the provisions of the law, it shall not be supported simply." "2. Article 28 of China's Construction Law stipulates:

Contractors are prohibited from subcontracting all construction projects contracted by them to others, and contractors are prohibited from dismembering all construction projects contracted by them and subcontracting them separately to others in the name of subcontracting. "3. Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Cases of Disputes over Construction Contracts Article 7 Where a labor subcontract signed by a contractor with legal qualifications for labor operations and a general contractor or subcontractor is invalid on the ground that the subcontracted construction project violates the provisions of the law, it shall not be supported.