What is subcontracting?

Subcontracting refers to the behavior that the contractor transfers the contracted construction task to a third party after contracting the project, and the transferor withdraws from the site in contract relationship, and the transferee becomes the other party to the contract.

Subcontracting is easy for contractors without corresponding qualifications to carry out engineering construction, which leads to low engineering quality and chaotic construction market. Therefore, China laws and administrative regulations prohibit subcontracting.

Subcontract land

To analyze the essential attributes of subcontracting, we must first understand two problems. First, after subcontracting, whether the subcontractor withdraws from the original contractual relationship and whether the original contractual relationship is terminated.

Secondly, after subcontracting, did the subcontractor replace the position of the contractor in the original contract, and what kind of contractual relationship was established between the subcontractor and the original contract developer? Some people think that in the case of subcontracting, the subcontractor withdrew from the original contractual relationship and obtained the status of the subcontractor in the original contract.