Legal responsibilities to be understood for the borrowing and affiliation of construction engineering qualification

In terms of the construction industry, affiliated mainly refers to the behavior of unqualified actual construction personnel borrowing the name of qualified construction enterprises for engineering construction.

Article 1 of the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases of construction projects clearly stipulates that the construction contract signed by unqualified actual constructors in the name of qualified construction enterprises is invalid.

3、 Both the affiliated party and the affiliated party may face criminal punishment.

2、 Affiliated enterprises shall be jointly and severally liable for the quality of construction projects and revoke their qualification certificates.

The construction enterprise and the unit or individual using the enterprise name shall be jointly and severally liable for the losses caused by the non-compliance of the contracted project with the specified quality standards.

Fixing Socket Cross Hole Nail Plate

“Affiliated” is the so-called “enterprise affiliated operation”.

According to articles 80 and 81 of the administrative license law of the people’s Republic of China, the licensee alters, resells, leases or lends the administrative license, illegally transfers the administrative license in other forms, carries out activities beyond the scope of the administrative license, and engages in activities that should obtain the administrative license without the administrative license, If an administrative organ gives an administrative penalty according to law, which constitutes a crime, criminal responsibility shall be investigated according to law~~ Recommended reading ~ ~ how to determine the responsibility of each unit in case of “dangerous project” accident? Is it according to these 10 articles that the private life of the project manager on the construction site is chaotic? You are on site, do you know earthwork..

“Subordination” refers to the “borrowed name contract” and “hat contract” often mentioned in engineering practice.

Project affiliated behavior is prohibited by law, so what legal consequences should construction project affiliated enterprises bear? 1、 The signed construction contract is invalid.

According to Article 66 of the construction law of the people’s Republic of China, if a construction enterprise transfers or lends its qualification certificates or otherwise allows others to undertake projects in the name of the enterprise, it shall be ordered to make corrections, confiscate the illegal income, impose a fine, and may be ordered to suspend business for rectification and reduce its qualification level; If the circumstances are serious, the qualification certificate shall be revoked.


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