What is the basis for settlement between the employer and the contractor?

The basis of settlement between the employer and the contractor is the contract.

Because there is a certain conflict of interest between the employer and the contractor. From the perspective of the construction contract's duration, quality and price, the employer is more concerned about the construction period and quality problems, and the employer hopes to complete the construction and put into production one day earlier according to the quality requirements, and in line with the principle of doing more with less money, the cost of the project will be saved as much as possible. The contractor, on the other hand, pays more attention to the price issue and hopes to make more profits through the project.

So, does this mean that the employer and the contractor are opposites, just like the two sides fighting on the battlefield? In fact, this is not the case, and the theory and practice of modern engineering contracting emphasize the establishment of a partnership or team relationship between the employer and the contractor.

The basis for maintaining a cooperative relationship is a contract. The management of the contracted project is actually the management of the contract. Contracts occupy a central position in project contracting.

Contract management means that all parties to the contract exercise their contractual rights, fulfill their contractual obligations, carry forward the spirit of cooperation, and jointly complete the project according to the contract.

1. The concept is different. The employer is a party with the qualifications of the main body of the project and the ability to pay the project price; The contractor refers to the party accepted by the employer with the qualification of the main body of the construction contract;

2. Different responsibilities. The employer is the construction unit, the owner, or the project legal person; The contractor is the contractor, the construction enterprise and the constructor.

[Legal basis].Article 24 of the Construction Law.

Advocate the implementation of general contracting of construction projects, and prohibit 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, a construction project that should be completed by one contractor shall not be dismembered into several parts and awarded to several contractors.

Legal Analysis: The Difference Between the Contractor and the Employer:

1. The concept is different. The employer is a party with the qualifications of the main body of the project contract and the ability to pay the price of the project; The contractor refers to the party accepted by the employer with the qualification of the main body of the construction contract;

2. Different responsibilities. The employer is the construction unit, the owner, or the project legal person; The contractor is the contractor, the construction enterprise, and the construction worker.

Legal basis: Article 24 of the Construction Law.

Advocate the implementation of general contracting of construction projects, and prohibit 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 without argument, and may also contract one or more surveys, designs, construction, and equipment procurement of the construction project to a general contractor; However, a construction project that should be completed by one contractor shall not be dismembered into several parts and awarded to several contractors.

The differences between the employer and the contractor are:

1. The concept is different. The employer is a party with the qualifications of the main body of the project and the ability to pay the project price; The contractor refers to the party accepted by the employer with the qualification of the main body of the construction contract;

2. Different responsibilities. The employer is the construction unit, the owner, and the project legal person, and the contractor is the contractor, the construction enterprise, and the constructor. The responsibility of the employer is to make all preparations before construction and ensure that the construction contractor enters the construction site on time; If the contractor is provided with materials that meet the quality and sells equipment, and the construction period is delayed due to defects in the quality of the materials provided and the equipment provided does not meet the requirements, resulting in quality responsibility, the Central Office shall bear the responsibility for the sale; inspect the quality and progress of the project; organization of acceptance; Pay the price and receive the project; Commissioning.

The responsibility of the contractor is to enter the construction site on time and start construction on time according to the date agreed in the contract; Accept the supervision of the employer; Ensure that the quality of the construction project meets the standards agreed in the contract; If the employer fails to make the payment on time after inspection and acceptance, the contractor may urge the contractor to make a demand, and if the employer still fails to pay after being reminded, the contractor may appeal to the people's court for settlement of the project that can be discounted or auctioned to ensure that its own interests are not lost.

[Legal basis].Article 16 of the Construction Law of the People's Republic of China.

The bidding and bidding activities for the awarding and contracting of construction projects shall follow the principles of openness, fairness and equal competition, and the contractor shall be selected on the basis of merit.

Where there are no provisions in this Law for the bidding and bidding of construction projects, the provisions of the relevant laws on bidding and bidding shall apply.

The contractor is the family, individual, unit and other organizations that contract the land. The term "contract issuing contract" refers to the rural collective economic organization or villagers' committee, which is the collective land ownership unit.

The land owned by the peasant collectives belongs to the village peasant collectives in accordance with the law, and the excavation shall be contracted by the village collective economic organization or the villagers' committee. The employer has the following rights:

1. Contracting out the rural land owned by the collective or owned by the state and used by the collective in accordance with the law;

2. Supervise the contractor to rationally use and protect the land in accordance with the purposes agreed in the contract;

3. Stop the contractor's behavior of damaging the contracted land and agricultural resources;

4. Other rights stipulated by laws and administrative regulations.

Rural Land Contract Law of the People's Republic of China

Article 15 The contract issuing party shall undertake the following obligations:

1) Maintain the contracting party's right to contract and operate land, and must not illegally change or terminate the contract;

2) Respect the contractor's autonomy in production and operation, and must not interfere with the contractor's normal production and business activities in accordance with law;

3) Provide production, technology, information and other services to the contractor in accordance with the provisions of the contract;

D) the implementation of the county, township (town) land use planning, the organization of the collective economic organization within the construction of agricultural infrastructure;

5) Other obligations provided for by laws and administrative regulations. Article 17 The contracting party shall enjoy the following rights:

1) Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production and operation and dispose of products;

2) Swap or transfer land contracting and management rights in accordance with law;

3) Circulation of land management rights in accordance with the law;

4) Where the contracted land is expropriated, requisitioned, or occupied in accordance with law, they have the right to receive corresponding compensation in accordance with law;

1) Maintain the agricultural use of the land, and shall not be used for non-agricultural construction without approval in accordance with law;

2) Protect and rationally use the land in accordance with the law, and shall not cause permanent damage to the land; Change Zheng He.

3) Other obligations provided for by laws and administrative regulations.

The contractor is the family, individual, unit and other organizations that contract the land. The contract issuing party refers to the rural collective economic organization or villagers' committee, which is the collective land ownership unit.

Land owned by peasant collectives belongs to village peasant collectives in accordance with law, and is contracted by village collective economic organizations or villagers' committees. The employer has the following rights:

1. Contracting out the rural land owned by the collective or owned by the state and used by the collective in accordance with the law;

2. Supervise the contractor to rationally use and protect the land in accordance with the purposes agreed in the contract;

3. Stop the contractor's behavior of damaging the contracted land and agricultural resources;

4. Other rights stipulated by laws and administrative regulations.

[Legal basis].

Rural Land Contract Law of the People's Republic of China

Article 15 The contract issuing party shall undertake the following obligations:

1) Maintain the contracting party's right to contract and operate land, and must not illegally change or terminate the contract;

2) Respect the contractor's autonomy in production and operation, and must not interfere with the contractor's normal production and business activities in accordance with law;

3) Provide production, technology, information and other services to the contractor in accordance with the provisions of the contract;

D) the implementation of the county, township (town) land use planning, the organization of the collective economic organization within the construction of agricultural infrastructure;

5) Other obligations provided for by laws and administrative regulations. Article 17 The contracting party shall enjoy the following rights:

1) Enjoy the right to use and benefit from the contracted land in accordance with the law, and have the right to independently organize production and operation and dispose of products;

2) Swap or transfer land contracting and management rights in accordance with law;

3) Circulation of land management rights in accordance with the law;

4) Where the contracted land is expropriated, requisitioned, or occupied in accordance with law, they have the right to receive corresponding compensation in accordance with law;

1) Maintain the agricultural use of the land, and shall not be used for non-agricultural construction without approval in accordance with law;

2) Protect and rationally use the land in accordance with the law, and shall not cause permanent damage to the land;

3) Other obligations provided for by laws and administrative regulations.

The production and business operation unit shall contract the project in the name of the production and business operation unit, and it is strictly forbidden to contract in the name of a hail door. The production and business operation unit shall clarify the centralized management department of the contracting project and manage the contracting project in a unified manner. The contractor guarantees whether the organization, tools, safety protection facilities and safety appliances of the safe construction can meet the requirements of the safe construction.

So, what do you mean by contractor and contractor? Let me explain it to you.

1. What is the meaning of the contractor and the contractor

1. The contractor and the contractor are relative. For example; Party A has a project that needs to find a contractor (that is, Party B) to do. Party A has to contract the project to Party B, which is called the "Contractor", and Party B is called the "Contractor" when it contracts the project.

Indulgence. 2. The contractor is the unit that contracts the business, which belongs to the contractor or the first businessman. The contract-issuing entity, also known as the contract-issuing agency, refers to the party that participates in the contracted business activities as the representative of the ownership of the enterprise.

3. In the contracted business activities, the contract issuing party is the main body of the contract awarding behavior, and under normal circumstances, it is in an active and advantageous position. It can influence the basic business objectives of enterprise contracting, and then it can influence the contracting operator, and ultimately have a significant impact on the implementation effect of contracting operation. The contracting unit is the issuer of the business, which belongs to the purchaser or lessor.

2. The difference between the employer and the contractor

1. Different behaviors: the contractor signs a contract with the enterprise, and the contractor hands over the survey, design and construction of the construction project to a general contractor for completion;

2. The order of occurrence is different. In large-scale engineering projects, the contractor issues the contract before the contractor carries out the contract.

3. Legal basis: Article 29 of the Construction Law of the People's Republic of China.

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. 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.

The above is the relevant content of "contractor and contractor" explained to you, the contractor and the contractor shall sign the project contract in accordance with the law, sign the safety agreement, and collect the safety risk deposit from the contractor before the start of construction, and the safety risk mortgage has only a certain limit. The project shall be awarded to a unit with relevant qualifications, and the qualifications and conditions of the contractor must be reviewed before the contract is signed. For more legal knowledge, please visit the website for professional consultation.