Judicial Determination Of The External Financing Responsibility Of The Affiliated Party In Construction Project

In recent years,with the rapid development of China’s economy,the construction industry is also booming,and qualified enterprises in the market cannot meet the demand.Therefore,there has been a phenomenon of "affiliation",that is,the borrowing of their qualifications by unqualified construction teams or enterprises with qualified construction qualifications in order to engage in construction engineering activities,and it has become increasingly fierce.In engineering construction,it is not uncommon to sign contracts with external parties for the completion of engineering construction.In the case of a private loan dispute between H Construction Company and Zhao and Xu,the three parties disputed the issue of Xu’s responsibility for external financing contracts,which led to discussions on whether Xu’s actions constituted a duty agency or an agency by estoppel,and whether H Construction Company should bear responsibility.Regarding job agency,because Xu has no labor affiliation with H Construction Company,he does not constitute a job agency;Regarding agency by estoppel,Zhao’s failure to establish good faith and lack of fault does not constitute agency by estoppel.Regarding the subject of liability,H Construction Company’s illegal lending qualification has a causal relationship with Zhao’s debt,and therefore should bear supplementary liability.In future judicial practice,the relevant responsibilities of the affiliated party in the affiliated relationship for signing contracts with foreign parties should be strictly identified,and corresponding judicial interpretations and administrative regulations should be issued to manage and regulate the project department in the affiliated relationship.