Are there any risks associated with qualification affiliation in the field of construction engineeri

Attention should be paid to the attachment of construction projects:

1. In the construction contract of a construction project, if the sponsor fails to perform the obligations of the construction contract as agreed, the employer will sue the affiliated party and the affiliated party;

2. In the event of a dispute with a downstream third party, mainly involving the failure of the sponsor to pay the payment for goods and wages to the material supplier, equipment leasing company and construction team as agreed in the construction of the project, the sponsor shall be liable.

[Legal basis].Article 5 of the Interim Opinions of the Supreme People's Court on the Trial of Cases Involving Disputes over Construction Contracts.

Where the construction is affiliated with another construction enterprise and the construction contract is signed in the name of the affiliated construction enterprise and is sued, the constructor and the affiliated construction enterprise shall be listed as co-defendants; The affiliated construction enterprise shall be jointly and severally liable for the losses caused to the employer by the contractor because the contracted project does not meet the quality standards.

There are still a lot of harms associated with the qualification of <> construction enterprises, and it is good that there is no accident, but if something happens, there will be quite serious consequences. In order to enhance everyone's understanding, the following article specifically explains what the hazards of construction enterprise qualification affiliation are.

First, the quality of the project cannot be guaranteed.

Enterprises that need to be affiliated with construction qualifications are nothing more than enterprises that cannot handle construction qualifications, so it means that enterprises and related personnel do not meet national standards before this situation occurs, so construction personnel are not trained to operate on the job, which is extremely prone to accidents, and construction qualifications are affiliated with costs, so enterprises will cut corners on engineering materials, which is also a great harm.

2. Affect the fair bidding environment of the construction market.

Due to the sponsor relying on the project Party A or the bidding ** there is an interest relationship, so that the bidding documents in the design will be more conducive to the sponsor of the affiliated enterprises, many technical and financial strength of the enterprise can not win the bid through legal competition, the affiliated enterprises use this partial means to win the bid, resulting in unfair competition in bidding, hitting the enthusiasm of law-abiding and powerful enterprises in the bidding, seriously disrupting the normal bidding environment.

Third, it is more difficult to supervise the project.

Since the name of the sponsor to receive the project is the sponsor, all departments supervise the project and check the qualification of the sponsor, and the information of the sponsor is complete, while the actual construction of the anchor unit does not meet the conditions, but they are behind the scenes and can avoid all kinds of supervision, so it is difficult for the construction department to really supervise them.

Fourth, it is easy to breed corruption and affect the social atmosphere.

In order to open up the relationship of interests, the sponsor will often use gold to match the town and money to open the way, pull the relationship through the back door, and understand everything, otherwise no company is willing to give you a refuge, which will breed a bad social atmosphere to a certain extent.

Building qualifications cannot be attached. The law prohibits construction enterprises from allowing other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.

1. What are the circumstances under which the construction contract will be invalid?

The construction contract shall be invalid under any of the following circumstances:

1. The contractor has not obtained the qualification of the construction enterprise or exceeds the qualification level;

2. Unqualified actual construction personnel borrow the name of a qualified construction enterprise;

3. The construction project must be tendered but the bid is not tendered or the winning bid is invalid;

4. Illegal subcontracting and illegal subcontracting.

According to the Construction Law of the People's Republic of China, the unit contracting construction projects shall hold the qualification certificate obtained in accordance with the law and undertake the project within the business scope permitted by its qualification level. It is forbidden for construction enterprises to exceed the business scope permitted by the enterprise qualification level or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of enterprises.

2. What is the difference between project affiliation and entrustment?

The distinction between project affiliation and entrustment** is as follows:

1. Project affiliation refers to the act of the construction enterprise allowing others to use its own name to undertake the project within a certain period of time, and the entrustment refers to the act of authorizing the trustee to complete the entrusted affairs according to the entrustment of the person;

2. The affiliated party shall pay the management fee to the affiliated enterprise, and the trustee shall not pay the fee to the client;

3. The subject matter of the affiliation agreement is the construction qualification level, and the subject matter of the entrustment contract is the performance of the entrusted affairs.

Article 26 of the Construction Law stipulates that a unit contracting a construction project shall hold a qualification certificate obtained in accordance with the law and undertake the project within the scope of business permitted by its qualification level. It is forbidden for construction enterprises to exceed the business scope permitted by the qualification level of the enterprise or to contract projects in the name of other construction enterprises in any form. It is forbidden for construction enterprises to allow other units or individuals to use their qualification certificates and business licenses in any form to contract projects in the name of their own enterprises.

Legal risks of the sponsor of the construction project:

1. In the construction contract, if the sponsor fails to perform the obligations of the construction contract as agreed, the employer will sue the sponsor and the sponsor;

2. In the event of a dispute with a downstream third party, mainly involving the failure of the sponsor to pay the payment and wages to the material supplier, equipment leasing person and construction team as agreed in the construction of the project, the sponsor shall be liable.

Article 5 of the Interim Opinions of the Supreme People's Court on the Trial of Cases Involving Disputes over Construction Contracts.

Where the construction is affiliated with another construction enterprise and the construction contract is signed in the name of the affiliated construction enterprise and is sued, the constructor and the affiliated construction enterprise shall be listed as co-defendants; The affiliated construction enterprise shall be jointly and severally liable for the losses caused to the employer by the contractor because the contracted project does not meet the quality standards.