Jiangxi engineering lawyer: are all internal contracts for construction projects invalid?

2022-09-23 0 By

Key news/Jiangxi engineering lawyer: Are all internal contracts for construction projects invalid?In the field of construction engineering, the internal contract management mode with the internal project manager contract system as the main form is the common operation mode of many construction engineering companies.Specifically, after the construction unit wins the contract, the project will be handed over to the internal staff of the unit to carry out actual construction management and share the profits by charging management fees.To some extent, this method is conducive to the construction unit internal staff incentive, does promote the development of the construction unit, but it also implies various legal risks.Internal contracting itself belongs to the scope permitted by law, and the signed contract is valid. However, in judicial practice, there often appear various cases of illegal subcontracting, subcontracting or attachment in the name of internal contracting, which are actually prohibited by law.Obviously, the contract signed by the illegal situation is of course invalid.01 an internal contract, internal contract for construction project is refers to the construction unit as the party and their internal, branch offices (branch), or between the worker and to achieve certain economic purpose, is a specific business and related business management to achieve the rights and obligations relations, it is a common way of contracting unit interior management and incentive mechanism.The internal contract refers to the contract concluded by the company’s employees as project managers to carry out internal contract for engineering projects, allowing internal employees to complete certain construction projects in the form agreed by both parties.2. Factors affecting the effectiveness of construction project internal contract 1. Whether there is a legal labor relationship this is the premise of internal contract.Whether there is a legal labor relationship between internal contractor and construction unit is not difficult to identify.Specific character, whether can sign through both sides labor contract, pay society is sure, payroll, personnel file manages the form to judge.If there is no labor relationship between the internal contractor and the construction unit, it is impossible to accept the management of the company, and in judicial practice, it will be considered as the internal contract is invalid due to suspected illegal subcontracting, subcontracting or affiliation.2. Whether to accept the construction enterprise management according to the Supreme People’s Court about the trial of construction project construction contract dispute case applicable law question the interpretation of article 1 of the provisions of the construction project construction contract invalid as known, China’s laws and regulations on the cognizance of the project construction contract is invalid has clearly put forward the management problem of the contractor qualification.Therefore, under the premise of the legal labor relationship between the internal contractor and the construction unit, the validity of the internal contract identification should also take into account whether the construction unit has the management of the internal contractor qualification.In short, the internal staff of the company as the project manager is specifically responsible for the construction of the project. On the one hand, the project manager makes full use of the company’s existing resources for project management and construction, accepts the company’s arrangement, and feedback the project progress at any time;On the other hand, by agreeing the rights and obligations of both parties in the contract, the responsibilities are put in place, so that the incentive mechanism of the company’s employees can be established and both parties benefit.For the validity of the contract, it is not the same. The contract concluded by the way of internal contract and branch contract construction is legal and effective, while the contract signed by the internal contract is suspected of illegal subcontracting, subcontracting and attachment is obviously invalid, but the project price can be paid according to the contract.