The legal relationship between the contractor and the subcontractor is the main body of the subcontract. As the employer of the subcontract, the contractor subcontracts one or several projects within the scope of the main contract. Similar to the main contract, it has the responsibilities and powers of the owner stipulated in the main contract. From the market point of view, the contractor is both a seller and a buyer. In the execution of the subcontract, the contractor has the command similar to the engineer defined in the main contract, and the subcontractor has the responsibilities and powers of both parties defined in the main contract. Therefore, in the main contract and the subcontract, the role of the contractor is just the opposite.
Through subcontracting, the contractor obtains the subcontracting price difference or management fee. Accordingly, from the perspective of taking responsibility, the subcontractor is regarded as a part of the contractor's organization, and the contractor cannot reduce his responsibilities and obligations for this part of the project in the contract because of subcontracting, and the contractor takes full responsibility for the subcontracted part. In the relationship with the owner, the contractor still bears all the contractual responsibilities stipulated in the main contract. If the subcontractor's performance ability is insufficient, it will bring risks to the contractor.
The rights and responsibilities defined in the main contract and corresponding to the scope of subcontracted works are transferred to the subcontractor through subcontracting. Among them, the responsibility of the designated subcontractor to the contractor shall not be less than that of the contractor to the owner. Accordingly, the subcontractor also has the right to claim compensation and compensation. However, both changes and claims must be submitted by the contractor, and the contractor may not be enthusiastic about this work, which is also one of the risks of subcontractors. The subcontractor's payment is often affected by the owner's payment to the contractor, and the reason why the owner can't pay in time may be caused by the contractor or other subcontractors, which is the second risk of the subcontractor. Right of transfer. That is, at the end of the contractor's defect liability period, some subcontractors' guarantees or other obligations to the contractor have not expired, and the contractor must transfer this right to the owner, and the contractor must ensure that the subcontractors agree to this transfer.
The owner has strict requirements on the selection of subcontractors, and should conduct qualification examination on subcontractors. A list of proposed subcontractors must be attached to the contractor's tender for the owner's review. If the subcontractor is re-commissioned during the construction period, it must be approved by the owner and the engineer.
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