When the supervision project is not approved and reported, is the supervision service legal?

Supervision itself is a service industry, regardless of whether the project is approved or not, supervision can provide consulting services for the owner, supervision services are legal, this is the problem of your title.

But your specific situation is that the supervision in the case of the project has not been approved for construction, participated in the specific work of the construction of the project, and according to the written information, then the supervision issued by the supervision of the quality and safety of the supervision documents do not have legal effect, because the construction unit construction itself is illegal construction, the first article of the special clause of the supervision contract is the basis for supervision, and the construction is not started without the project application, which is a violation of the construction law, and there is no basis for supervision, so there is no legal guarantee for supervision.

If there is a project quality and safety accident, the first department to investigate and deal with, the responsibility of the supervision is great, because the most important basis for supervision is the laws and regulations, the unauthorized construction of the project without the project is a serious violation, the supervision unit in the case of knowing the illegal construction, did not prevent, and did not report to the relevant authorities, is a serious violation.

**Investment projects, you said that there are many such situations, so the supervision in order to avoid responsibility, before the project reaches the conditions for starting construction, the relevant problems are reported to the owner in writing, and reported to the competent department, which is the right way.

It is necessary to bear the responsibility, although the project was started in violation of regulations, but because the contract has come into effect, it must be held responsible.

Supervision is entrusted by the construction unit to sign the entrustment contract, signed from the date of entry into force, during the service of the supervision engineer issued by all instructions, with legal benefits, as for the construction permit and quasi-witness is the construction unit handled, and the supervision contract in the entrusting party and the entrusted party has no conflict impact, such as the engineering accident supervision unit should be held accountable for supervision, according to the size of the accident to decide which department to pursue the responsibility of all parties.

The supervision service is legal, but the supervision in the case of the project has not been approved for construction, participated in the specific work of the construction of the project, and issued the written information, at this time the supervision documents issued by the supervision of quality and safety do not have legal effect.

The engineering supervision unit refers to the service organization established in accordance with the law and obtaining the qualification certificate of the engineering supervision enterprise issued by the competent construction department, and engaged in construction project supervision and related service activities.

The construction project supervision unit is entrusted by the construction unit to control the quality, cost and progress of the construction project in accordance with laws and regulations, engineering construction standards, survey and design documents and contracts in the construction stage, manage the contract and information, coordinate the relationship between the relevant parties of the project construction, and perform the service activities of the statutory duties of construction project safety production management.

When concluding a construction project supervision contract, if the construction unit entrusts the survey, design, warranty stage and other related services together, the relevant terms and conditions such as the scope of work, content, service period and remuneration of the relevant services shall be specified in the contract.

Needless to say, you must be a ** project, only a ** project can be so bold to violate the construction procedure. There is no project without a project, and there is no construction, supervision, and bidding without a project. But the reality is like this, 80% of the ** projects I encountered have such problems, no construction permits, no planning permissions, no land use procedures for the same construction, the supervision unit to make money, Mo Fa still has to take orders, so, this kind of project should be more careful, especially the safety problem, the quality is almost nothing can be remedied, if a person lives, it is a violation and illegal, ** will not give you to carry it, only you go to be cannon fodder, this kind of project my experience is safe and safe, But now the safety awareness of the construction personnel is weak, and they are not afraid of anything on the tripod, so it depends on your luck.

Send more orders and leave more written traces, and these may be your lifesavers in the future. Good luck!!!

Provisions of the State: Article 2 The following construction projects must be supervised: key construction projects of the State; large and medium-sized public utility projects; residential community projects developed and constructed in pieces; Projects that use loans and aid funds from foreign countries or international organizations; The state stipulates that other projects that must be supervised by the group.

I hope mine can help you, thank you for your inquiry.

Project management is a sub-discipline of management, and the definition of project management is: refers to the process of using specialized knowledge, skills, tools and methods in project activities to enable the project to achieve or do more than the set needs and expectations under the limited resource constraints. Project management is the overall monitoring and control of activities (e.g., tasks) that are associated with the successful achievement of a set of objectives.

This includes planning, scheduling, and maintaining the progress of the activities that make up the project.

A project is a one-time task that needs to be completed within a limited time frame with limited resources. It can be a project, service, research topic, activity, etc. ”

Project management is the use of management knowledge, tools, and techniques in project activities to solve project problems or achieve project requirements. The so-called management includes five main tasks: leading, organizing, staffing, planning, and controlling. ”

Extended Information: Project management projects include: Development Management (DM), Project Management (PM), Facilities Management (FM) and Building Information Modeling.

bim）。Project management is divided into three categories: information project management, project management, and investment projects.

Manage. 1.Information project management.

It refers to the fiber belt posture industry in the IT industry.

project management.

2.Engineering project management.

It mainly refers to the application of project management in engineering projects, investment projects and construction project management. Among them, the construction section is mainly to control the cost and schedule. This sector is mainly controlled by engineering project management software.

3.Investment project management.

It is mainly used for the control of the financial investment sector, and is biased towards risk control.

Sorry, I didn't pick up your project, what information do I need to do? That must be corresponding, all the normal engineering construction process materials are required!

This is more of a contractual requirement for Party A. You will do what they need to do.

2012-12-15 There is no supervision on the construction site, what should I do with the information of the construction party? 7 2018-12-26 How to do the construction data of the water conservancy project without the supervision unit, and ask for the orange template 1 2010-02-11 The project without supervision is still used as the completion data 4 2013-08-14 Has anyone done some small projects in the big number hole (there is no supervision unit, only the engineer of the construction and rolling unit. 2 2013-10-24 What information does not apply for construction of the project construction unit needs to do 17

Legal analysis: 1. National key construction projects; 2. Large and medium-sized public utility projects; 3. Residential community projects developed and constructed in pieces; 4. Projects that use loans and aid funds from foreign countries or international organizations; 5. Other projects that must be supervised by the state.

Legal basis: "Provisions on the Scope and Scale Standards of Construction Project Supervision".

Article 2 The following construction projects must be supervised: (A) national key construction projects; (B) large and medium-sized public utility projects; (C) into a piece of Hui Hanqi development and construction of residential community projects; (4) Projects that use loans or aid funds from foreign countries or international organizations; (E) the State stipulates that other projects must be supervised.

Article 3 National key construction projects refer to the backbone projects that have a significant impact on the national economic and social development as determined by the Measures for the Management of National Key Construction Projects.

Article 4 Large and medium-sized public utilities projects refer to the following projects with a total investment of more than 30 million yuan: (1) municipal engineering projects such as water supply, power supply, gas supply, and heat supply; (2) Science and technology, education, culture and other projects; (3) Sports, tourism, commerce and other projects; (4) Health, social welfare, and other projects; (5) Other public utility projects.

Fifth development and construction of residential projects, construction area of more than 50,000 square meters of residential construction projects must be supervised; Residential construction projects below 50,000 square meters can be supervised, and the specific scope and scale standards shall be prescribed by the people's construction administrative departments of provinces, autonomous regions and municipalities directly under the Central Government. In order to ensure the quality of housing, the high-rise old Qin houses and multi-storey houses with complex foundations and structures should be supervised.

Article 6 The scope of projects using loans and aid funds from foreign countries or international organizations includes: (1) projects using loans from international organizations such as the World Bank and banks before the development of Asia; (2) Projects that use loan funds from foreign ** and its institutions; (3) Projects that use funds from international organizations or foreign aid.

Article 7 Other projects that must be supervised by the State refer to: (A) the total investment of the project of more than 30 million yuan related to the public interest, public safety of the following infrastructure projects: (1) coal, petroleum, chemical, natural gas, electricity, new energy and other projects; (2) Railways, highways, pipelines, water transportation, civil aviation and other transportation projects; (3) Postal, telecommunications hubs, communications, information networks and other projects; (4) Water conservancy construction projects such as flood control, irrigation, drainage, power generation, water diversion (supply), tidal flat treatment, water resources protection, soil and water conservation, etc.; (5) Urban infrastructure projects such as roads, bridges, subway and light rail transit, sewage discharge and treatment, garbage disposal, underground pipelines, and public parking lots; (6) Ecological and environmental protection projects; (7) Other infrastructure projects.

2) Schools, theaters, and stadiums.

There is no supervision contract for construction, and it has no legal effect. Supervision in the case of the project has not been approved for construction, participated in the specific work of the construction of the project, and issued according to the written information, at this time the supervision issued by the supervision of the quality and safety of the supervision documents do not have legal effect, because the construction unit itself is illegal construction, the supervision of the first article of the special terms of the contract is the basis for supervision, and the construction is not approved to start construction, which is a violation of the construction law, there is no basis for supervision, so there is no legal guarantee for supervision.

Measures for the Administration of Commodity Housing Leasing".

Article 6 If the lessor has not obtained the construction project planning permit or fails to build the house in accordance with the provisions of the construction project planning permit, the lease contract concluded with the lessee shall be invalid. However, where Sun Mao obtains a construction project planning permit or is approved by the competent department for construction before the conclusion of the first-instance court's debate, the people's court shall find it valid.

Legal analysis: There is no supervision contract for construction, and it has no legal effect. Supervision in the case of the project is not approved for construction, participated in the specific work of the construction of the project, and according to the written information, at this time the supervision of the quality and safety of the supervision documents issued by the supervision does not have legal effect, because the construction of the construction unit itself is illegal construction, the supervision and the first special clause of the nuclear round contract is the basis for supervision, and the construction of the project is not in violation of the construction law, there is no basis for supervision, so there is no legal guarantee for supervision.

Legal basis: Article 6 of the Administrative Measures for the Leasing of Commercial Housing If the lessor fails to obtain the construction project planning permit or fails to build the house in accordance with the provisions of the construction project planning permit, the lease contract concluded with the lessee shall be invalid. However, where a construction project planning permit is obtained before the conclusion of the first-instance court's debate or construction is approved by the competent department, the people's court shall find that the letter is valid.

There is no supervision contract for construction, and it has no legal effect. Supervision in the case of the project is not reported for construction, participated in the specific work of the construction of the project, and according to the written information, at this time the supervision of the quality and safety of the supervision documents issued by the supervisor does not have legal effect, because Shi Qi pointed out that the construction of the beam unit itself is illegal construction, the first special clause of the supervision contract is the basis for supervision, and the construction is not started without the project application, which is in violation of the construction law and has no basis for supervision, so there is no legal guarantee for supervision.

1. How to bear responsibility after signing the project contract?

1) An important part of the bidding documents.

The bidding document is to make an offer, and the contract is to offer and promise through the form of bidding and bidding.

2) Clarify the rights and obligations between the construction project employer and the contractor.

Once the construction contract of a construction project comes into effect, it has legal effect, and a legal relationship arises between the project employer and the contractor.

1. The construction contract is the code of conduct for both parties;

2. The construction contract restricts the employer and the contractor;

3. Sign the construction contract to clarify the mutual relationship between the rights and obligations of both parties.

C) is the basis for the implementation of supervision in the construction stage of the construction project. The supervision engineer is inseparable from the contract for the supervision of the project, and there is no basis for leaving.

Second, the determination of project supervision responsibility.

Engineering supervision enterprises shall, in accordance with the contract signed with the construction unit, strictly perform the supervision and management duties. Due to the inaction, dereliction of duty or dereliction of duty of the engineering supervision enterprise or the supervision personnel caused by the project quality accident or other liability accidents, the corresponding responsibility shall be borne in accordance with the law

a) Acts of omission:

1. Failure to perform the obligations of supervision in accordance with laws and regulations and the entrusted supervision contract, resulting in adverse consequences;

2. The supervisor finds that the construction enterprise has illegal command and illegal operation behavior on the spot, and does not stop it or order immediate rectification;

3. It is found that there are potential safety hazards in the project, and the chief engineer does not issue a suspension order;

4. The project supervision enterprise fails to review the safety measures of the construction enterprise and urges the construction enterprise to establish and improve the safety organization guarantee system and safety management rules and regulations, and fails to carry out safety education and safety disclosure;

5. Other omissions in violation of the supervision contract.

2) Dereliction of duty or dereliction of duty:

1. Supervisors command or issue wrong instructions in violation of regulations;

2. Signing unqualified construction projects, building materials, building accessories and equipment in accordance with the qualifications, resulting in project quality accidents;

3. Collusion with the construction unit or construction enterprise, fraud, or reduction of project quality;

4. The items corresponding to the inspection are not inspected, or the key parts and key processes corresponding to the high-level supervision of the side station are not supervised;

5. The transfer of supervision business causes quality accidents or other liability accidents;

6. Other dereliction of duty or dereliction of duty in violation of the supervision contract.