The construction contract is invalid, neither the affiliation nor the affiliated enterprise can exercise the priority right to receive compensation for the project price, and the recovery of the project price is not guaranteed; 2.
In this way, the affiliated construction contract is actually divided into the following two contracts: first, the entrusted procurement contract of building materials, in which the affiliated enterprise entrusts all the materials of the construction project to the affiliated person for procurement; The second is to legally subcontract construction services to affiliated enterprises with labor qualification.
2、 How to prevent the affiliated risk of construction engineering qualification 1.
The affiliation of construction qualification is a common phenomenon in the construction market.
Carry out prior risk control on the affiliated unit, require the affiliated unit to provide basic business data, understand the credit status of the affiliated unit, and require the affiliated person to provide performance guarantee.
What are the risks of building engineering qualification affiliation? How to prevent it? Give a detailed explanation.
If the affiliated person defaults on the payment of materials suppliers or workers’ wages due to the affiliated project, the affiliated enterprise shall bear joint and several liability for repayment; 4.
Strengthen financial management, and strictly control the scope of use of the seal of the project department in order to ensure that the project funds are used exclusively, effectively avoid labor disputes and material disputes.
The fundamental strategy for the affiliated enterprise to prevent legal risks by adopting the internal contracting method is not to contract the construction project by the affiliated method, but to adopt the internal contracting agreement, because the internal contracting is allowed by the law, and the affiliated project will be truly transformed into the own project of the affiliated enterprise.
Management after the project is completed.
Many construction enterprises will choose the affiliation mode in order to undertake a certain engineering project.
After the project is completed, the affiliated unit may require the affiliated unit to report the completion related materials to the company for filing, and explain the creditor’s rights and debts incurred in the affiliated project in writing~~ It is recommended to read ~ ~ key points of road landscaping of municipal engineering.
The affiliated enterprise shall bear the payment responsibility for the debt disputes caused by the contract signed by the affiliated person in the name of the affiliated enterprise, and the affiliated enterprise shall bear the responsibility for the actual constructor within the scope of the unpaid project price; 5.
Strictly control the risks in the process of contract performance (1) the affiliated enterprise shall establish a special project management team to strictly control the project quality（ 2) Improve labor management.
The affiliated person and the affiliated enterprise shall be jointly and severally liable for project quality, construction period, industrial injury and property loss; 3.
1、 Risks existing in the affiliation of construction engineering qualification 1.
Do you understand the differences between joint review of construction drawings, design disclosure and technical disclosure, and how to select the three connection modes of key reinforcement, which parts cannot be welded or bound, and the reserved positions of concrete structural walls, columns and mass construction joints? There are four principles..
Relevant government departments have the right to confiscate the affiliated income, and have the right to impose administrative penalties on the affiliated person and affiliated enterprise for the affiliated behavior, or even reduce the qualification level or revoke the qualification certificate.
Purchase insurance for their recruited construction workers to reduce the risk of industrial accidents.
The combination of material entrusted procurement and labor subcontracting is adopted.