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two farmers contractors subcontract from a construction company under the three residential building project, but Dianqian work was done, the delay can not get millions of dollars for the works . By law, illegal subcontracting construction unit, which, in this gray area in the
contractors and developers, construction companies will be taken to court. The court held that, as the actual construction people, contractors of the pay talks justified, construction companies and developers of first instance ruling to pay for projects and interest, refund of deposit quality of the project.
one can not ignore the fact that for a long time, resulting in a major migrant workers pay talks because it is difficult to subcontracting. Among the many events in the pay talks, while the efforts by relevant departments or judicial decision, with hard-earned money of migrant workers coming from, but the phenomenon of subcontracting is still repeated, it is difficult to be held accountable. More interesting is that, despite repeated suffer some lack of qualified contractors are still willing to take risks involved in contracting, in which the interests of occult thought-provoking disputes.
□ reporter Mengran Wen Li Kang Figure
relatives to the construction of millions of migrant workers without qualification works
three residential buildings in the construction before the Zhengzhou, 36 Zhumadian-year-old farmer Huang Jianwei never touched construction.
community buildings project. The plot, a real estate developer from Zhengzhou, Henan construction side is the Asia-Pacific Construction Co., Ltd. (hereinafter referred to as the Asia-Pacific companies). According to the contract, part of the Asia-Pacific company contracted residential building construction, drainage, electrical installation and other projects, a total amount of 42.21 million yuan.
year in April, and another called Zhang Huang Jianwei fellow students took the district from the Asia Pacific, all three building projects, the three buildings of the contract price is 14.74 million yuan. construction rights.
2008 年 4 28, Huang Jianwei and Zhang Health Organization, more than 30 migrant workers to begin construction. Rental of construction machinery, I signed labor contracts,
mbt lami shoes, and too cumbersome.
this way, Huang, Zhang in morning and afternoon with workers, stepping up the construction, to July 2009, three building completion, and soon passed the inspection. Jinliang Cheng for projects with payment in place, especially in the early stage of the construction side in order to get the hard-won engineering, had to first Loaning, and other projects have a certain prospect of a solution, construction had just be additional investment. Partial payment of the construction side is usually more than ten times or even dozens of times for projects, the works could be completed.
Huang Jianwei ran into this situation. It is understood that from 1 July 2008 to July 25, 2009, a total of developers through the Asia Pacific Huang Jianwei and Zhang to pay for projects more than 850 million times as many as 46 times.
Apart from the engineering section and pulled out nearly 25 million for the state to pay the business tax, the developer shall also take away 8% of the project, He said the money was in charge of works from the developers to pay for the works under the direct debit years. expenditures in many projects there, be regarded as another
addition to the building side, Huang Jianwei they had to use for projects of nearly 12% of the ,
mbt walking shoes, , get rid of workers, wages, machinery rental fees, expenses, must register earning virtually no money,
Asia Pacific is how the construction management? The company, one staff member of anonymity avoided an interview, just say
verdict actual construction should take back huge debts
after the completion of the building, so Huang Jianwei and Zhang upset the
and so.
the interview, the reasons for arrears, Asia Pacific, that the project has no final settlement can not pay; developers said they were signed with the Asia-Pacific construction contracts, and Huang Jianwei, Zhang did not sign Any agreement should not be liable for the payment.
2010 年 8 months, Huang Jianwei and Zhang got the Zhengzhou Intermediate People's Court of First Instance handed down the verdict instruments. Court, after hearing that, although the Asia Pacific,
mbt chapa shoes, its contracting and subcontracting for Huang Jianwei Zhang, the project shall not subcontract violated mandatory provisions of the law, but the actual construction of the project who is yellow, sheets, and three storeys have been sold, the behavior of the contract price of its claim compliance with the law,
skechers shoes, so the two companies to the decree Zhang, Huang pay 665 million yuan project price and interest, and return the quality of deposit 390,000 yuan.
reporter noted that the verdict is based on Court may add sub-subcontractor or man-made party to the case law. Employer unpaid work only in the context of the actual construction cost to bear responsibility
Developers respond to yellow, Zhang bear the liability to pay arrears.
Liu section also considers that subcontracting is an offense, the actual construction when pay talks people through legal means, but not affected by this behavior, it seems there are legal paradox, provides contractors subcontract the project will be contracted, and ordered to make corrections, confiscate the illegal income, impose a fine may be ordered to suspend business for rectification, lower level of qualification; serious cases, revocation of certificate of qualification. but in fact, as long as no major responsibility for project accident, the construction unit subcontracting phenomenon even exists, it is difficult to be investigated, violations are not effectively curbed, inevitably resulting in subcontracting cycle into a vicious circle.
subcontracting mercenary nourishment After the first trial, the developer has filed an appeal with the Asia Pacific.
unit, person in charge of the construction project and then if you subcontract to others without permission, can not get project funds engineering subcontractor, or get the project funds after the disappear, migrant workers will not get remuneration. He said the current there is a common phenomenon, is the developer build a project, project funds advanced by the construction side of the first, the construction side to shift financial risk, it took the form linked to undertake projects or subcontracting to low-qualified units or guerrillas
project negative consequences of illegal subcontracting is not only wages, more threats to public interests and safety concerns, Shanghai tier subcontractors.
lax on supervision of the relevant government departments, it is the root cause of this phenomenon despite repeated prohibitions. Construction units is often not the actual fee charged subcontractors implement effective management of construction activities, or the so-called management is merely in form, does not bear the technology, quality and other real responsibility. Obviously,
online mbt, this is likely to lead to unpredictable consequences. Shanghai is not only
interview, the reporter asked Huang Jianwei: arrears can not get work, how much can get. tell the truth when the right to spend money on living the experience, and I will also want to project. construction machinery, is also prepared to subcontract works?
Huang Jianwei smiled, did not answer.
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