Traditional Culture Encyclopedia - Traditional culture - EPC general contracting after winning the bid can be all the construction content of the contracting out
EPC general contracting after winning the bid can be all the construction content of the contracting out
EPC general contracting can not contract out all the construction content after winning the bid.
The Construction Law of the People's Republic of China
Article 13 The building construction enterprises, survey units, design units and project supervision units engaged in construction activities shall be divided into different qualification levels in accordance with their qualification conditions such as registered capital, professional and technical personnel, technological equipments and performance of completed construction projects, etc., and shall be qualified after qualification examination and obtain the corresponding level of After the qualification examination and obtaining the corresponding level of qualification certificate, it can engage in construction activities within the scope permitted by its qualification level.
Article 28 prohibits a contracting unit from subcontracting all of the construction works it has contracted to others, and prohibits a contracting unit from subcontracting all of the construction works it has contracted to others in the name of subcontracting after dismemberment.
Article 29 The general contracting unit of the construction project may contract part of the contracted works to the subcontracting unit with corresponding qualification conditions; however, except for the subcontracting agreed in the general contracting contract, it must be recognized by the construction unit. In the case of general contracting for construction, the construction of the main structure of the building works must be completed by the general contracting unit itself.
The general contractor of the construction project is responsible for the construction unit in accordance with the agreement of the general contract; the subcontracting unit is responsible for the general contractor in accordance with the agreement of the subcontract. The general contractor and the subcontracting unit are jointly and severally liable to the construction unit for the subcontracted works.
The general contractor is prohibited from subcontracting the work to units that do not have the appropriate qualifications. It is prohibited for a subcontracting unit to subcontract the works it has contracted.
Expanded Information:
The Chinese People's **** and the State Construction Law
Article 66 A building construction enterprise that transfers or lends its certificate of qualification or otherwise permits another person to undertake projects in the name of the enterprise shall be ordered to make corrections, confiscate the unlawful proceeds and impose a fine, and it may be ordered to suspend its business and rectify its situation and reduce the grade of its qualification; if the situation is serious If the circumstances are serious, the qualification certificate shall be revoked. For the contracted project does not meet the required quality standards for the loss caused by the building construction enterprises and the use of the name of the enterprise units or individuals bear joint and several liability.
Article 67 If a contractor subcontracts a contracted project or subcontracts it in violation of the provisions of this Law, the contractor shall be ordered to rectify the situation, confiscate the illegal income and impose a fine, and may be ordered to suspend business and rectify the situation and reduce the qualification grade; if the situation is serious, the qualification certificate shall be revoked.
Contracting units that have committed the violations stipulated in the preceding paragraph shall be jointly and severally liable with the unit that accepts the subcontracting or subcontracting for losses caused by subcontracting works or illegal subcontracting of works that do not conform to the specified quality standards.
Baidu Encyclopedia - Construction Law of the People's Republic of China*** and the State of China
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