Can an individual hire a project management company in his or her own name after borrowing another c

A must sign a cooperation agreement with the borrowing company, in fact, this is the affiliation, as long as A and the borrowing company can reach an agreement, as long as both parties are signed. Basically, it is illegal to be attached to the table, and there are generally no legal procedures, that is, both parties keep an agreement.

The general contractor can subcontract some professional projects, such as mechanical and electrical installation, pile foundation engineering, curtain wall engineering, landscape engineering, fine decoration (if any)...

Project management is generally signed by the owner and the project management company, the general contractor is the general contractor of the construction, responsible for the project construction management, if you want to find a project management company, it is best to sign by the owner, and the project management company for the construction implementation of the professional degree, it is impossible to surpass the general contracting, and there will be enough construction management personnel. As for signing a project management contract between an individual and an individual, I haven't met it yet!

The general contracting project department, the owner's project department, and the project management company's project department (if any) each have their own project chapters.

Referring to the financial management regulations of capital construction, the higher the total estimated budget of the project, the lower the points, in fact, the project management company only has labor costs!

The only legal way is for the general contractor to be responsible for the construction management of the project, and as for the cost of A, it is paid by the general contractor. In this way, A may earn less, but only make money and not lose money, and the general contractor must bear the risk of losing capital.

1. First of all, it is illegal to borrow qualifications, and there will be a lot of problems such as the subject of the contract, the proportion of capital investment, profit sharing, etc., which can only be used as an intermediary to collect part of the commission, and the early investment can be negotiated with the general contractor;

2. In principle, the general contracting can be subcontracted, but the main part of the project can not be subcontracted, and the labor part of the project can be subcontracted, and the main body of the subcontract is the general contractor, which can subcontract the sub-project except the main body to the construction unit with corresponding qualifications, such as the drainage, greening, protection and other projects of the project;

3. A cannot sign a project entrustment management contract with B, and only the legal representative of the general contractor can entrust the company's project manager to be responsible for project management;

4. The chapter of the project department should be the chapter of the project department authorized by the general contractor.

5. The project management fee is generally different from different enterprise standards, and there are differences between industries, as well as the content of the management fee is different, and the proportion is not used, such as who is the billing party, and the content and authority of the management will involve the proportion of the management fee; Generally, the management fee of a well-known and large company will be slightly higher, of course, the support of others is different;

6. It's difficult, but if there is such a large contract income, why not register a company as a consortium contracting method to solve it.

1. Violation of the Construction Law: Article 26 of the Construction Law stipulates that "construction enterprises are prohibited 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." ”

2. According to the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts (Fa Shi [2004] No. 14), a construction contract signed by an unqualified actual constructor in the name of a qualified construction enterprise shall be deemed invalid in accordance with Article 52 (5) of the Contract Law. Article 4 stipulates that "the act of an unqualified actual constructor borrowing the name of a qualified construction enterprise to sign a construction contract with another person shall be invalid." ”

If the project is completed and qualified, the employer can claim the project payment in the capacity of the actual constructor.

Illegal. "Most copy

Zhi Interpretation of the High People's Court on Issues Concerning the Application of DU Law in the Trial of Cases Involving Disputes over Construction Contracts (II):

Article 4: Where a unit or individual lacking qualifications signs a construction contract in the name of a qualified construction enterprise, and the employer requests that the lender and the borrower bear joint and several liability for the losses caused by the lending qualifications, such as the unqualified quality of the construction project, the people's court shall support it.

Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts (II):

Article 1 The substantive content of the construction contract, such as the scope of the project, the construction period, the quality of the project, and the price of the project, which is signed separately by the tenderer and the winning bidder, is inconsistent with the bid-winning contract, and one party requests to determine the rights and obligations in accordance with the bid-winning contract, the people's court shall support it.

If the tenderer and the winning bidder sign a separate contract outside the winning contract on the purchase of contracted real estate, free construction of housing facilities, concessions, and donations of property to the construction unit, etc., to reduce the project price in disguise, and one party requests confirmation of invalidity on the grounds that the contract deviates from the substantive content of the winning contract, the people's court shall support it.

The qualification affiliation behavior is illegal from the beginning, and the affiliation behavior will also bear many adverse consequences after the occurrence of the affiliation

Tendering and Bidding Law.

Provisions: If the bidder bids in the name of others or deceives in other ways, and deceives the winning bid, the winning bid is invalid and causes losses to the tenderer, and shall be liable for compensation in accordance with the law. This is the legal consequence faced by both parties in the bidding stage.

The Contract Law also stipulates that a contract in which one party fraudulently harms the interests of the state, as well as violates the mandatory provisions of laws and administrative regulations, is invalid. Anyone who deliberately conceals important facts related to the conclusion of a contract or intentionally provides false information and causes losses to the other party shall be liable for damages.

There are unavoidable problems on both sides in this regard.

The Construction Law and relevant judicial interpretations further stipulate that the construction and installation contract entered into between the affiliated construction unit and the construction unit is invalid. The construction unit and the affiliated team that contracted the project in its name shall be jointly and severally liable for the losses incurred by the construction unit.

The General Principles of the Civil Law stipulate that the court may confiscate the illegal gains already obtained by the parties. These illegal gains include both the profits obtained by the unqualified affiliated teams and all the expenses obtained by the units that lend their qualifications. According to the provisions, after the termination of the construction contract, if the contract is terminated due to the breach of contract by one party, the breaching party shall compensate the other party for the losses caused thereby.

This requires the contract to be amended, and the power of the legal person is transferred to its own name, and the original contract and ID card need to be brought.

Generally, when a person in charge comes to register, we will ask him to provide the original and copy of the business license, qualifications, etc. (with the official seal), and then show a legal person power of attorney (with the official seal), that is, the company authorizes the person to be responsible for the bidding work. Check their ID card. If you can do all of the above, it's basically legal.

Even if you're not a company employee, that's fine.

State Development Planning Commission and other seven ministries and commissions Order No. 30 Article 69 of the tendering agency illegally discloses the information and information related to the bidding and bidding activities that should be kept confidential, or colludes with the tenderer or bidder to damage the national interest, the public interest or the legitimate rights and interests of others, the relevant administrative supervision department shall impose a fine of not less than 50,000 yuan but not more than 250,000 yuan, and the person in charge and other directly responsible personnel shall be fined between 5% and 10% of the amount of the fine; where there are unlawful gains, confiscation of the unlawful gains is to be given; If the circumstances are serious, the relevant administrative supervision departments may stop participating in the bidding business in the relevant fields for a certain period of time, and the qualification department may suspend or cancel the bidding qualifications; where a crime is constituted, the judicial department shall pursue criminal responsibility in accordance with law. and where losses are caused to others, they shall be liable for compensation in accordance with law.

If the acts listed in the preceding paragraph affect the results of winning the bid, and the winning bidder is the beneficiary of the acts listed in the preceding paragraph, the winning bid listing is invalid.

Statements are made in strict accordance with the prescribed dates.

According to the materials, it is illegal to be involved; It is recommended that you can attach it.

Lawyer Ma Yong.

Hello, this situation constitutes a crime and you must bear the corresponding legal responsibility.

Isn't this how projects are usually connected? I don't know what project you are, but the bosses on the construction site are like this.

Some programs require qualifications.

Lawyer Song Yeming.

I took over the project in the name of the company, and I am a legal person of the company, so I undertook to do it, but now I can't continue to do it due to ** reasons. Party A is an individual, and Party A is not seen. Houses are to be demolished. Should I bear the cost of building the house or the company?

The company is jointly and severally liable if it knows, and not liable if it does not.

All legal consequences arising from this project are borne by this company.

Yes, but now I bai country's construction industry, du this is a very common phenomenon, the so-called "affiliation agreement" is signed between the two public divisions, the two sides negotiate the right to good, now many are affiliated in the name of the branch, if the project has an accident, the original company is also responsible, because the affiliation agreement itself is illegal, what responsibility is generally borne by the two companies, rarely because of the affiliation to pursue personal responsibility, unless it is due to personal reasons caused by the accident caused by any loss.

I only know that the general affiliation is only attached to their own documents, but the personal seal of the sponsor is still in their own hands, as long as the personal seal is in hand, there is generally no risk.

Yes, so the affiliation is carried out privately and is not protected by law.