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two farmers contractors subcontract under three residential building project from a construction company, but Dianqian work was done, the delay can not get millions of dollars for projects . In accordance with the law, the subcontracting of the construction unit illegal, which, in this gray area
contractors construction companies and developers together taken to court. The court held that as the actual construction, the contractors of their pay was justified, the First Instance ruling of the construction companies and developers to pay for projects and interest, refund of the deposit of project quality.
one can not overlook the fact that yes, a long time, the cause of migrant workers pay talks difficult because subcontracting. In the event of a number of pay talks, although through the efforts of relevant departments or judicial decisions, the hard-earned money of the migrant workers were available, but the phenomenon of subcontracting is still repeated, it is difficult to be held accountable. More intriguing is that, despite repeated suffer lack of qualified contractors are still willing to risk participation in subcontracting, which are riddled with hidden thought-provoking.
the □ reporter Mengran Wen Lee Kang Figure
relatives to help non-qualified migrant workers to the construction of ten million project
Before the construction of three residential buildings Zhengzhou, the 36 -year-old Zhumadian farmers Huang Jianwei never had contact with the construction. be honest, I was asked a blessing of the relatives received the living. the district's building project. Zhengzhou, a real estate developers, the district development, the construction side Henan Asia-Pacific Construction Co., Ltd. (hereinafter referred to as the Asia-Pacific Company). According to the contract, the Asia-Pacific contracted part of the residential buildings of the civil engineering for drainage, electrical installation, a total amount of 42.21 million yuan.
in April of that year, Huang Jianwei and another fellow Zhang born from the hands of the Asia Pacific, took over all the works of the district three buildings,
Mens Gucci Shoes Sale, three buildings in the contract price is 14.74 million yuan. construction of the right
April 28, 2008, Huang Jianwei Zhang Health Organization, more than 30 migrant workers to start construction. rental of construction machinery, I signed labor contracts, dislike its trouble.
In this way, Huang and Zhang with workers from dawn to dusk, stepping up the construction, July 2009, three buildings completed, and soon passed the acceptance. Jinliang Cheng for projects RBI parties
in general economic activity, the usual transactions paid their dues, hand delivery, the basis of the bargain between the parties is a legally binding agreement or contract. payment in place,
puma shoes cheap, in particular, is pre-construction side in order to get the hard-won engineering, had first underwritten, and other projects have a certain prospect of a solution, the construction just will invest an additional The construction side is generally paid in installments dozen times or even dozens of times for projects, the project can be completed.
Huang Jianwei encountered this situation. It is understood that from July 1, 2008 to July 25, 2009, the developers through the Asia Pacific,
MBT Kimondo, Huang Jianwei Zhang to pay for projects over 850 million, the number of up to 46 times.
developers have given part of the project section, but the total contract price is more than 1400 million, still owes more than 600 million. Moreover, more than 850 million total drop live. In addition to nearly 25 million out of the project funds to pay sales tax state regulations, the developers also took 8% of the engineering section of the He disclosed that the money is the person in charge of the developer works directly withheld from the payment for the works. expenditures in many projects, to be regarded as another kind of
In addition to the construction side, Huang Jianwei they had nearly 12 percent of the engineering section of the Asia Pacific set up a project department, there are four or five persons. Wages, but also the burden of their eating and drinking expenses the money is used to open them, even buy alcohol and tobacco from the reimbursement. , get rid of workers' wages, machinery rental fees, expenses, doing almost make money, out loans and interest I am thankful.
Asia Pacific is construction management? The company declined to disclose the names of the staff respondents avoided, only said
first instance judgment of the actual construction should take back huge debts
after the completion of the building Huang Jianwei and Zhang upset
your subcontracting behavior itself is not legal, judicial support?
interview on arrears, the reasons, the Asia Pacific project no final settlement can not pay; developers claimed that they are signed with the Asia-Pacific construction contracts not signed, and Huang Jianwei Zhang any agreement should not be liable for the payment.
in August 2010, Huang Jianwei Zhang got the Zhengzhou Intermediate People's Court issued the first instance verdict instruments. The court, after hearing that Asia Pacific will subcontract its contracted work to Huang Jianwei Zhang, violation of mandatory provisions of law that the project shall not subcontract, but the actual construction of the project is yellow,
Womens MBT Nafasi Shoes, and three buildings has sold its claim to the contract price of behavior compliance with the law, so ordered two companies to pay the contract price of 665 million yuan and interest, Zhang, yellow, and returned to the mass margin of 39 million.
reporter noted that the first instance verdict is based on the interpretation of the Supreme People's Court on the hearing of construction contract disputes case law applicable to the actual construction contract artificially defendant advocated the rights of the people Court may add a subcontractor or illegal subcontracting is party to the case. Employer owed to the contract price within the actual construction responsibility
developers should be yellow, and Zhang assume arrears payment responsibility.
Liu's Day also believes that subcontracting is an offense to pay talks of the actual construction through legal means, not affected by this behavior influence, which seems to exist a legal paradox, regulations, the contractor will be contracted subcontracting, shall order rectification, confiscate the illegal income, impose a fine may be ordered to suspend business for rectification, to reduce the level of qualification; in serious cases, revoke the qualification certificate. But in fact, as long as the project does not appear the major responsibility accidents, construction units, even subcontracting phenomenon exists, it is difficult to be held accountable for, the offense can not be effectively curbed, inevitably resulting in the subcontract works into a vicious circle vicious circle
subcontracting mercenary nourish illegal to make a living
the first instance, won the case, but Huang Jianwei did not completely at ease. After the first trial, the developer and the Asia-Pacific has filed an appeal.
Anhai wages owed dozens of workers, lack of project funds, there is no way to give them wages.
unit, the charge of construction works and then secretly subcontracted to others, engineering subcontractor to get the engineering section,
MBT Maliza, or leave the territory after to get the engineering section, migrant workers can not be paid for their labor. He said there is a common phenomenon is that the developers build a project, for projects by the construction side to advance the construction side to shift the funding risks, they anchored form of undertaking projects or subcontracting to low qualification units and even construction guerrillas
Engineering illegal subcontracting the negative consequences not only is the payment of wages, more to endanger the public interest and social security in danger, Shanghai tier subcontract.
on the relevant government departments lax oversight is precisely the root causes of this phenomenon despite repeated prohibitions. Is often not the actual construction activities after the implementation of effective management of the construction unit to receive the subcontract fees, or so-called management merely in form, does not assume the technology, quality and substantive responsibility. Obviously, this is very likely to lead to incalculable consequences.
interview, the reporter asked Huang Jianwei: can not get the project debt, can get to tell the truth to live the right to spend money on experience,
Puma Water Cube Series Cheap, I later also wanted to do engineering. construction machinery, but also ready to subcontract the project?
Huang Jianwei smiled and did not answer.
