General contractors and subcontractors - is ... The basic concepts of building contract

for investment projects (eg construction), the roles and responsibilities of all stakeholders, as a rule, clearly delineated.Their functions are performed in sequence, are mutually complementary.The need for such a separation is verified and confirmed by decades of construction activity.

main face of the project

Two leading positions of participants of the construction process - it is an investor and developer.They define the overall objective of the project, select the appropriate customer, which is a central element.That, in turn, has the following selects participants - designer and contractor.The designer develops the general architectural and space-planning ideas of the customer and coordinate them with all interested parties.Implements the plan of the contractor or general contractor.And to provide all the necessary construction materials and equipment - a task suppliers.It looks like the traditional scheme of interaction of all participants in the construction process, with each of them - a separate legal entity.

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Who controls the process?

Thus, the protagonists are the customer and the general contractor - they organize and supervise the construction of the whole.In our time, often no clearly defined boundaries between actors.Often one can observe the combination of the functions of the investor and developer, customer and general contractor.But the traditional organization of construction, as a rule, direct production function assumes the contractor or general contractor.At the same time the contractor most economically advantageous to entrust part or in full the duties to implement the scope of work to third parties.In this case, such persons are referred to as sub-contractors.About them - on.

Who are the subcontractors?Subcontract - independent agreement derived from the basic (contract).He must comply with civil law.The law does not provide any features in the order of its conclusion.Subcontract issued in the same way as the main contract.It can be concluded by an exchange of offer and acceptance, and may as a result of contract bidding.In our time is often tripartite contracts between the customer and the general contractor and the subcontractor.

Subcontractor in the work contract

If the contract does not provide personal fulfillment of their obligations by the contractor, the latter shall have the right to recruit subcontractors.Thus, the sub-contractor in the work contract - is an employee (a legal entity), have committed (partially or completely) the production of certain papers.Such organizations may be a few, their number is not limited by law.Subcontractors - a legally independent organization, specializing in particular types of work.For example, construction, decoration and so on. N.

It is possible that the sub-contractors - a construction company, taking over the whole complex of works on construction of the building object.E. Work can be done subcontractor "from" and "to" with the immediate delivery of "turnkey" the general contractor.Thus the customer may not even know who exactly carried out the final work on the project.

interacting parties

Enough popular in these days the so-called list of agreed subcontractors.When used as part of a contract for services the customer is relieved from having to enter into an agreement directly with the performers.Contractors and subcontractors - so in this case the subjects of regulating relations between themselves alone.If the contract is based on the results of trades, a list of proposed subcontractors included in the tender offer of the participant.The general contractor and the subcontractor - the two are closely interconnected link building process, so this list may have a significant impact on the final decision by the customer.

in the production process may be necessary to replace some of the subcontractors or redistribution of the volume and types of work between them.Since subcontractors - are legal entities that have entered into a contract directly with the contractor for the implementation of such changes requires the written consent of the customer.Often the customer dissatisfied with the conduct of the works, attempt to enter into negotiations with the subcontractor that is legally incompetent - he is not a party to the treaty.

summarize

subcontractors - are persons, which are directly dependent on the quality of work and duration of the contract.Therefore, many customers include the text of the general contractor contract item on the timely payment of the contractual remuneration of the general contractor.The customer himself has the right to cash payments to subcontractors, but only if such a feature is provided by the contract general contractor or the general contractor with the agreement between them signed an agreement for the production of certain types of work.