What is illegal subcontracting and subcontracting?

Illegal subcontracting and subcontracting means that the contractor subcontracts the project or service that should have been completed by himself to other units or individuals at a low price, or lets other units or individuals complete it on his behalf, thus obtaining illegitimate interests, which is illegal.

The main problems of illegal subcontracting and subcontracting are: 1. Breach of contract: When signing a contract with the owner, the contractor shall clearly specify the responsibilities and services provided. If the project or service is subcontracted or subcontracted to others, it will violate the contract. 2. Damage to the interests of the owner: illegal subcontracting and subcontracting may lead to problems such as declining project quality and delayed construction period, which may damage the interests of the owner and may also bring potential safety hazards. 3. Violation of relevant laws and regulations: The Regulations on Quality Management of Construction Projects and other laws and regulations clearly stipulate that the contractor shall not subcontract or subcontract the contracted projects to other units or individuals who do not have the corresponding qualifications.

How to prevent illegal subcontracting and subcontracting? To prevent illegal subcontracting and subcontracting, we can start from the following aspects: first, strengthen the qualification examination of contractors to ensure that they have complete engineering ability and credibility; Second, strengthen the supervision and management of contractors, find illegal acts in time and punish them; The third is to improve the industry standards, clarify the requirements and restrictions of subcontracting and subcontracting, and standardize the market order.

Illegal subcontracting and subcontracting are acts that violate the provisions of the contract, harm the interests of the owners and violate relevant laws and regulations. In order to prevent illegal subcontracting and subcontracting, it is necessary to strengthen the qualification examination, supervision and management of contractors, and improve industry standards and norms to regulate market order.

Legal basis:

Article 78 of the Regulations on Quality Management of Construction Projects in People's Republic of China (PRC) refers to the following acts: (1) The general contractor subcontracts the construction project to a unit that does not have the corresponding qualification conditions; (two) there is no agreement in the general contract for construction projects, and with the consent of the construction unit, the contractor entrusts some of its contracted construction projects to other units to complete; (three) the general contractor subcontracts the construction of the main structure of the construction project to other units; (4) The subcontractor subcontracts the contracted construction project. Illegal subcontracting refers to the behavior that the contractor fails to perform the responsibilities and obligations stipulated in the contract after contracting the construction project, and transfers all the contracted construction projects to others or dismembers them and then transfers them to other units in the name of subcontracting.