There is also a situation is that the party invited to professional construction, but the same as above, to find a professional construction team, no matter what unit, which dealer, at the moment he is a construction team for the construction unit, under the name of the A construction team, but the professional construction team and the construction unit direct billing.
Another way to say it: for example, a building complex, there are two small high-rise buildings, then if the construction unit, the two buildings are separated to bidding, then the construction unit is independent of the bidding qualification. If the two buildings are not separate but together bidding, then the winning bid for a construction unit, if the construction unit is not capable of doing two buildings, then the construction unit, one of the buildings to the construction unit to do, then the construction unit is a professional subcontracting.
Question 2: What is the difference between professional contracting and professional subcontracting can probably be understood in this way:
1, professional contracting refers to the scope of their own professional contracting qualifications, directly with the contractor to sign the contract.
2, professional subcontracting refers to the scope of their own professional contracting qualifications, and the contractor Ding Ding subcontracts, subcontractors, that is, the contract. All called subcontracting, is on the subject matter.
Question 3: What is the difference between labor subcontracting and professional subcontracting? Professional subcontracting: refers to the general contractor or construction general contractor according to the agreement of the professional subcontracting contract, the contracted works in the professional works subcontracted to the corresponding qualification conditions of the professional subcontractor to complete, the general contractor to pay the subcontract price, and by the general contractor and subcontractor of subcontracted projects are jointly and severally liable for the project contracting method. Labor subcontracting: refers to the general contractor, construction general contractor or engineering professional subcontractor according to the labor subcontracting contract, the contracted works in the construction of labor subcontracting to the labor subcontractor with the appropriate qualifications to complete, and by the contractor to pay the labor remuneration of the contracting method.
Question 4: What is independent subcontracting in construction? What is specialized subcontracting? With my own understanding, I hope to help you:
In the current construction industry, a building such as office buildings, A construction team bidding to take the building, the construction, when carried out to the installation of windows and doors, waterproofing installation and other needs of the professional construction team to carry out the construction, while the construction team does not have the ability to carry out the construction of the case, the construction team to spend money on their own to find that aspect of the team to do in this case, the professional construction team to find the professional construction to do, in this case, the professional construction team to find the professional construction to do in this case. In this case, to find a professional construction team, no matter which unit, which distributor, at the moment he is a construction team for the construction unit, under the name of the A construction team, only with the A construction team billing, subject to the management of the A construction team.
There is also a situation is that the party invited to professional construction, but the same as above, to find a professional construction team, no matter what unit, which dealer's, at the moment he is a construction team for the construction unit, under the name of the A construction team, but the professional construction team and the construction unit direct billing.
This is called professional subcontracting 。。。。
A building such as an office building, at the beginning of the bidding, window and door installation and waterproofing installation are taken out separately to bid, then take the window and door installation or waterproofing installation of the winning bidder or unit, he has the qualification of independent subcontracting. He is an independent unit, the identity of an independent legal person to carry out a unit of work subcontracting.
This is called independent subcontracting 。。。。。
Another way to put it: for example, a building complex, there are two small high-rise buildings, then if the construction unit, the two buildings are separated to bidding, then respectively, the winning construction unit are independent subcontracting qualifications. If the two buildings are not separate but together with the bidding, then the winning bid for a construction unit, if the construction unit is not capable of doing two buildings, then the construction unit, one of the buildings to the construction unit to do, then the construction unit is a professional subcontracting.
Understand, I explained from small to large. I hope you can understand.
Question 5: How to distinguish between professional subcontracting, labor subcontracting, and ordinary subcontracting? 30 points Not illegal. Labor can be subcontracted separately, but prohibit the labor company will be contracted to the subcontracting of labor subcontracting and then subcontracted or subcontracted to other companies. According to the "Ministry of Construction on the establishment and improvement of labor subcontracting system development of construction labor enterprises views" (Jianshi [2005] No. 131) document requirements: In order to regulate the construction of labor subcontracting, from July 1, 2005, three years, the establishment of basic norms of construction labor subcontracting system in the country. Contracting enterprises must use enterprises with relevant qualifications for subcontracting labor work, and labor enterprises must sign labor contracts with migrant workers in accordance with the law, and prohibit "foreman" from undertaking subcontracting work. Construction general contracting, specialized contracting directly employing migrant workers, must sign labor contracts and for work-related injuries, medical care, or comprehensive insurance and other social insurance. Construction general contracting, professional contracting enterprises directly employing migrant workers, do not sign a labor contract, or only sign a labor contract without social insurance, or only with the "foreman" signed a labor contract, etc., are regarded as illegal subcontracting treatment.
Question 6: What is the difference between a professional contractor and a professional subcontractor? 10 points is a different qualification. General contracting well, that is, can take over the project from the hands of the boss. Let's say, for example, party A has a 2 billion project, there are two general contracting companies won the bid, a share of 1 billion. Specialized contracting companies can only undertake general contracting companies to undertake the project inside the special projects, such as waterproofing, exterior insulation works, etc., labor subcontracting companies generally only have labor qualifications, is to provide labor for the general contracting companies, to obtain labor fees.
Question 7: What is the difference between labor subcontracting and professional subcontracting, subcontracting labor subcontracting refers to the general contractor or professional engineering contractor (both collectively referred to as the "labor contractor") will be the construction task of the labor operation by the legal qualification of the labor enterprise (labor contractor) to complete the activities. The same with the professional subcontracting: 1, the labor contractor must have the appropriate qualifications, in the qualification level within the scope of the project; 2, the labor contractor must personally complete the subcontracted works; 3, the labor contractor on the construction of the content of the labor contractor is responsible for; 4, must be accepted by the labor contractor's quality management and production safety management. Differences are: 1, the content of professional subcontracting is step by step sub-projects, the calculation is the project payment, manifested as a package; labor subcontracting is the content of the project labor, the calculation is the cost of labor, manifested as a package of materials, commonly known as the "package". 2, professional subcontracting contractor can only be the general contractor, involves three parties; labor subcontracting contractor can be the general contractor, involves three parties; labor subcontracting contractor can be the general contractor, involves three parties; labor subcontracting contractor can be the general contractor, involving three parties; labor subcontracting contractor can be the labor contractor. Subcontractor can be the general contractor, can also be a professional contractor, may involve four parties.3, subcontracting of professional works, in addition to the general contract for the construction of the general contract, must be agreed by the general contractor; subcontracting of labor operations without the consent of the general contractor.4, professional subcontractor can not be subcontracted again, but can be subcontracted labor operations, labor contractors can not be re-subcontracting of labor operations. 5, The specialized subcontractor and the general contractor are jointly and severally liable to the general contractor for the specialized works, and the labor contractor is only responsible for the labor operations to the labor contractor, and is not directly liable to the general contractor. Labor subcontracting is part or all of the labor work to others to complete the behavior, the form and subcontracting is very similar, a party will often be confused with labor subcontracting subcontracting and requesting the court to confirm the invalidity of labor subcontracting, according to the "Interpretation of the" Article 7 "with the legal qualifications of the labor work of the contractor and the general contractor, subcontractor labor subcontract, the parties to the subcontracting Construction works in violation of the provisions of the law on the grounds that the request for confirmation of the invalid, not support", the claim can not be supported.
Question 8: What is included in the construction of professional subcontracting (a), the decomposition of the project structure of the construction project Construction Purchase earth and stone masonry works main structure plastering works flooring works roofing works waterproofing works aluminum alloy windows other (according to the actual determination) materials and equipment Project Structure Decomposition Diagram Project subcontracting system is the decomposition of the structure of the project and the decision of the subcontracting mode, the construction enterprise through the project structure decomposition of the project activities, choose a certain subcontracting system, the project structure decomposition of the project activities. The subcontracting system is determined by the project decomposition structure and the subcontracting mode. Construction enterprises in the bidding stage or the project won the implementation of the company (during the bidding period) or the project team (won the implementation of the project before) organization will be the structure of the project decomposition, decided to decompose the structure of the project in the sub-parts of the project using subcontracting mode of implementation. (B), determine the scope of project subcontracting Construction companies should determine the scope of subcontracting after the decomposition of the project structure. The so-called "subcontracting scope" not only refers to the content of the work, but also refers to "all the factors affecting the contract price of subcontracted works", including the content of the work, quality standards, technical specifications, material specifications, start and completion time, scheduling, responsibilities and obligations, use of equipment, technology and management personnel, risk sharing. equipment, technical and managerial personnel, risk sharing and other factors. Determination of the principle: the responsibility and contractual interface between the various subcontracting units is clear. Such as the verticality of the masonry project directly affects the thickness of the later plastering, resulting in an increase in plastering labor costs and material losses, masonry works and the same location of the plastering project can be packaged to a subcontracting team to reduce the construction process of subcontracting units, construction enterprises and subcontracting units of the tug-of-war between the units. (C), choose the project subcontracting mode 2.1, the types of project subcontracting mode and advantages and disadvantages At present, there are three main project subcontracting modes used by construction enterprises: (1) clear package, that is, the package does not include materials. Subcontracting teams to organize labor, construction companies to organize their own machinery and equipment, self-supplied materials to *** with the completion of the construction task. The advantages of this subcontracting method is mainly reflected in: the materials required for the project, machinery and equipment, etc., unified by the construction enterprise supply, is conducive to reducing the idle rate of the existing equipment of the construction enterprise, strengthen the project between the turnover of materials to improve the utilization rate of the construction enterprise centralized procurement of cement, gravel, cement and other major construction materials, earn material profits. The shortcomings of this subcontracting method is mainly reflected in: construction site technology, quality, safety, civilized construction, schedule management, construction scheduling, etc. are responsible for the construction enterprise, resulting in the need to invest in more management personnel, increasing the cost of project management; construction enterprises are not in place easy to cause a serious waste of materials; clearing the unit of the general enterprise financial strength is weak, the state expressly prohibits the default on the wages of workers, if the owner does not pay in time, easy to lead to financial difficulties of construction enterprises. If the owner does not pay in time, it is easy to lead to financial difficulties of construction enterprises. (2) Specialized subcontracting, that is, contracted work and materials. The advantages of this subcontracting method is mainly reflected in: the use of subcontracting units in a professional technical, management and organizational advantages, to ensure that the project quality, quantity, reduce the level of management of the construction enterprise; through professional subcontracting, can be part of the contractual risk of the construction enterprise (such as technology) for transfer. The disadvantages of this subcontracting method is mainly reflected in: subcontracting unit price is generally higher. (3) Expand the clear contract, that is, package labor, package part of the consumables and small machinery. The construction unit of the foundation and the main body can only be their own construction or labor subcontracting, other decoration, roof waterproofing, fire protection, etc. can be specialized subcontracting
Question 9: What is the concept of subcontractor The concept of subcontracting of construction works.
Construction subcontracting refers to the contracting and contracting relationship between building construction enterprises of professional engineering construction or labor operations. In the subcontracting activity, as the contracting party of the building construction enterprise is the subcontractor, as the contracting party of the building construction enterprise is the subcontractor.
The characteristics of construction subcontracting activities.
First, the subject is specific. In general, the subcontractor is directly from the construction unit to undertake the task of construction industry enterprises, subcontractors are from the subcontractor to undertake the task of professional contracting enterprises or labor subcontracting enterprises; both in the market status is equal. The construction unit is not the main body of the subcontracting market. Construction administrative departments or industrial and commercial administrative organs and other departments are not the main body of the subcontracting market, they are the main body of the construction market management, the relationship between them and the main market is the vertical construction market management activities of the administrative relationship.
Second, the object is specific. The object of subcontracting transaction is the contracting, contracting the rights and obligations of both parties *** with the object, including contracting, contracting within the scope of professional construction products or construction labor. The object of the transaction must be the part of the construction project which is permitted to be subcontracted by the law, rules or regulations, or, on the contrary, the object of the transaction must not be the part of the subcontracting which is prohibited by the law, rules or regulations. Finally, the relationship between the subjects is a horizontal and equal property relationship, which is rooted in the equality of status between the contracting parties. But the reality of inequality exists, but this also shows that we need to develop the subcontracting market and its guidance, management and supervision.
Classification of construction subcontracting activities.
According to the different objects of the transaction, construction subcontracting includes professional engineering subcontracting and labor operations subcontracting two categories
Question 10: What is the meaning of the construction unit subcontracting unit and what is the meaning of the construction unit is the site of the construction party, subcontracting unit is the construction unit will be divided into a number of specialties throughout the project, such as soil wreckage, mechanical and electrical and so on re-found the professional subcontracting construction unit.