Research On Joint And Several Liability Of Project General Contracting Joint Venture For External Subcontracting

According to "construction law" the regulation of the 27th,allow two above contract unit to contract jointly jointly project,each union unit assumes joint liability according to the content of contract.The way of joint contracting is conducive to more construction enterprises to participate in project construction and improve the overall contracting level by complementing each other’s advantages.However,the current laws in the field of construction are not perfect in terms of the provisions of the joint project general contracting,which leads to many disputes and different judgment standards between different courts.With the more and more extensive application of joint contracting in engineering,it is necessary to perfect the joint contracting mode of general contracting and provide operational guidance for practice.Build company and porch company in chongqing jiaotong university design institute,construction project contract dispute,such as the three companies such as to form a joint venture to build companies and joint contracting mengzi transportation contract awarding the first block of highway engineering investment company,then,build the company will be part of engineering subcontracting the porch company,in the porch company will contract by subcontracting to the honghe company without qualification,Honghe company subcontracted the project to the actual construction person Wang Mou again,because Wang Mou requested payment for the project failed,China Construction Company,Chongqing Jiaotong University Design Institute,Mengzi Transportation Investment Company and other companies sued to the court.The focus of the dispute in this case includes three aspects:whether the subcontracting behavior involved in the case is invalid,what kind of relationship is between the joint venture of the general contracting of the project,and whether the joint venture undertakes joint and several liability for the subcontracting.The legal analysis is made from the following three aspects:First,the legal relationship between the members of the general contracting joint venture is analyzed.There is not only a contractual relationship between the general contracting joint venture,but also the characteristics of civil partnership.Combining with the joint venture agreement signed between the general contracting joint venture,it is considered that there is joint liability relationship between the general contracting joint venture.The second is to evaluate the legal effect of the subcontracting behavior of the general contracting joint venture involved in the project.By comparing the subcontracting behavior of the general contracting joint venture with that of the construction general contracting joint venture,it is concluded that the scope of undertaking joint and several liability is different and the subcontracting behavior under the general contracting mode is more complex and standardized.It is necessary to identify and analyze the external and internal civil liability of the general contracting joint venture.The contract behavior of engineering general contracting joint venture includes competition and cooperation of various liability types,so it is necessary to analyze the joint and several liability of engineering general contracting joint venture to the employer and subcontractor under different circumstances.Thirdly,suggestions should be put forward to improve the legal application of the subcontracting behavior of the general contracting joint venture and the joint agreement,so as to reduce the risks of cooperation between the members of the joint venture,so as to effectively prevent the risk of joint and several liability of the external subcontracting of the general contracting joint venture.