Debt commitment caused by illegal subcontracting projects

Involving contract law, construction law and other relevant laws and regulations.

First, the definition and influence of illegal subcontracting projects

Illegal subcontracting refers to the contractor's illegal subcontracting of the contracted projects to other units or individuals for construction. This behavior not only violates the contract, but also may have a serious impact on the quality, safety and construction period of the project.

Second, the principle of debt commitment.

In illegal subcontracting projects, the principle of debt commitment is mainly based on the relevant provisions of the contract law. First of all, the contractor shall be liable for breach of contract for its illegal subcontracting, including compensation for the losses caused to the employer. Secondly, if the actual construction unit suffers losses due to illegal subcontracting, it has the right to recover from the contractor.

Third, the responsibility allocation and accountability mechanism.

A clear responsibility allocation and accountability mechanism should be established for the debt commitment caused by illegal subcontracting projects. After discovering illegal subcontracting, the employer has the right to require the contractor to bear the liability for breach of contract and to terminate the contract. At the same time, the relevant regulatory authorities should investigate and deal with illegal subcontracting and punish offenders.

Four. Preventive measures and contract management

In order to prevent illegal subcontracting, the employer should explicitly prohibit the contractor from illegal subcontracting when signing the contract, and stipulate the corresponding liability for breach of contract. In addition, the employer should also strengthen the supervision and management of the contractor to ensure that the project is carried out in accordance with the contract.

To sum up:

Debt assumption caused by illegal subcontracting projects involves contract law, construction law and other relevant laws and regulations. When solving such problems, we should clarify the responsibilities of all parties according to law, establish an effective accountability mechanism, strengthen contract management and prevent illegal subcontracting.

Legal basis:

People's Republic of China (PRC) (China) Contract Law

Article 272 stipulates that:

The employer may conclude a construction project contract with the general contractor, or a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and contract it to several contractors.

People's Republic of China (PRC) building law

Article 28 provides that:

It is forbidden for the contractor to subcontract all the construction projects he contracted to others, and it is forbidden for the contractor to dismember all the construction projects he contracted and subcontract them to others in the name of subcontracting.

The Supreme People's Court's explanation on the application of law in the trial of construction contract disputes.

Article 4 provides that:

The contractor's illegal subcontracting, illegal subcontracting of construction projects or unqualified actual builders' signing construction contracts with others in the name of qualified construction enterprises is invalid. The people's court may, according to the provisions of Article 134th of the General Principles of Civil Law:

Confiscate the illegal income obtained by the parties concerned.