How to write a building agreement with an individual contractor to be legal and reasonable? Seek adv

If you are afraid of an accident, it is best to contract to the foreman, and if you are contracted, there is a contracting relationship, which refers to a contractual relationship in which one party completes a certain work and delivers the work results according to the requirements of the other party, and the other party accepts the results and pays a certain remuneration. If it is contracted to the contractor, then in the contracting relationship, the builder is the contractor, and the contractor is the contractor, that is to say, the builder contracts the work to the contractor, and the contractor does not care who does the work, as long as the work is done well, the builder pays the contractor, and the contractor pays the worker.

If this is the case, according to Article 10 of the Interpretation on Compensation for Personal Injury, if the contractor causes damage to a third party or causes its own infringement in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction, or selection, he shall bear the corresponding liability for compensation.

In this way, if there is an accident in the middle of the way, and you are not at fault, you don't have to pay for it, otherwise, if you hire them, it will be a big trouble.

You can sign a contract with the contractor, which generally includes the following clauses:

1] The name of the contract issuer and the contractor, and the name and address of the person in charge of the contract issuing party and the contractor's representative; [2] The name, location, area, and quality grade of the contracted land;

3] Duration of the contract and start and end dates;

4] the use of the contracted land;

5] the rights and obligations of the employer and the contractor;

6] Liability for breach of contract.

Legal characteristics of the contract:

1) The purpose of the contract is to complete a certain amount of work. In the contract, the contractor shall complete the work in accordance with the standards and requirements agreed with the contractor, and the main purpose of the contractor is to obtain the results of the work completed by the contractor.

2) The contractor's independence in completing the work The contract between the contractor and the contractor is generally based on the contractor's ability and conditions. Only when the contractor completes the work itself can the requirements of the contractor be satisfied.

3) The specificity of the custom-made contract is mostly a contract negotiated individually, and the customized crops often have a certain specificity.

4) The contract is a promised contract.

5) The contract is a paid contract.

You can find a template for reference.

Hope the above helps you.

If the person in charge of the private contractor is an employee of the contract-issuing unit and is a legal contractor, the work-related injury treatment shall be implemented by the contract-issuing unit in accordance with the relevant provisions of the state. If the person in charge of the private contractor has no labor relationship with the employer and only signs an economic contract, if there is a clear agreement in the economic contract on the issue of his work-related injury, the contract shall be followed; If there is no stipulation in the economic contract for the work-related injury, the employee shall be responsible. Subcontractors (including project subcontracting and labor subcontracting) must have corresponding qualifications and certificates.

If not, the general contractor will be liable. 1. Article 29 of the Construction Law and Article 272 of the Contract Law clearly stipulate that if the contractor subcontracts part of the project to the subcontractor, the subcontractor must have the corresponding qualifications. Only when the subcontractor has the corresponding qualifications can it have the qualification to engage in the construction of construction projects, and at the same time, it also shows that it also has the ability to independently bear civil liability.

Otherwise, once a work-related injury dispute occurs, the subcontractor that does not have the corresponding qualifications is unwilling to take responsibility and triggers a lawsuit, the general contractor, as the employer, may face the invalidity of the subcontract in the lawsuit due to lax control, and ultimately bear the corresponding fault liability arising therefrom. 2. The Notice of the Ministry of Labor on Matters Concerning the Establishment of Labor Relations (Lao She Bu Fa [2005] No. 12) also clearly stipulates that: "If an employer such as a construction or mining enterprise contracts a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility of the employing entity for the workers recruited by the organization or natural person."

Therefore, if the subcontractor does not have the corresponding qualifications, it will be liable for work-related injury compensation as the employer in the event of a work-related injury dispute. You can advise the injured worker that it is better to go to court to sue, which is fairer and more authoritative, and you can tell the other party to take the general contractor to court on the grounds of "apparent appearance", and ask the general contractor to take responsibility. For more information on how to do this, you can consult a local lawyer.

According to the provisions of the Contract Law, an agreement signed by equal subjects is legal and valid as long as it is not illegal or does not fall within the scope of change and revocation. Changeable and revocable agreements are fraudulent, coercive, precarious, and manifestly unfair.

The material provided by LZ is not very clear, and I am not a professional judicial practitioner, so I can only give you a few suggestions.

Whether the agreement is valid or not, you have nothing to do with this person. The contract signed between you and the contractor is a contract between the two of you, and the contract between him and the worker is another contract, even if the contract of one party is invalid, you have already paid the backup fee, and you are not aware of the invalid content, it can constitute a bona fide third party, and there is basically no problem. The labor party should negotiate with the contractor, not come to you to communicate.

Whether the agreement is effective or not depends mainly on several aspects:

1. The contract is concluded by means of fraud, excavation, and coercion, which does not exist;

2. Malicious collusion to damage the interests of the state, the collective or a third party; You also do not exist in the reeds.

3. Concealing illegal purposes in a lawful form; Nor does it exist.

4. Harming the public interest; You just built a house and it doesn't exist.

5. Violating the mandatory provisions of laws and administrative regulations.

The agreement between you and the contractor is very clear about the autonomy of their respective intentions, and there is no major misunderstanding, labor **, is a dispute between the contractor and the construction, if the construction ** is so high, he should express it when you and the contractor agree, and the subsequent market ** changes are risks and do not affect the validity of the agreement.

Legal analysis: 1. The basic information of both parties should be recorded comprehensively and accurately. 2. The main facts of the dispute, the matters in dispute and the responsibilities of the parties should be recorded concisely and concisely.

3. The content of the agreement and the way of performance shall be accurate. 4. The number of copies of the agreement depends on the situation, and the signature and seal are missing.

Legal basis: Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 460 and Article 6 Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law.

If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.