According to your answers to the following questions, 1. How to govern disputes over construction subcontract The second paragraph of Article 28 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China clarifies that disputes over construction contracts of construction projects shall be subject to the jurisdiction of real estate disputes, not including disputes over subcontracts of construction projects. Therefore, the dispute case of construction project subcontract shall be under the jurisdiction of the defendant's domicile or the place where the contract is performed. 2、 What should be paid attention to when signing project subcontract Party A of the subcontract generally refers to the employer. First of all, two issues should be concerned: 1. Whether it has the right to subcontract the project; 2. Whether Party B has the qualification to implement subcontracted projects. There are many other problems to be noted, but the following should be noted: ① It is suggested that the owner should clarify the contents of the designated subcontracting in the bidding stage, and should timely provide consultation when the owner's bidding documents are not clear. The specific contents of the designated subcontracted works shall be specified in the terms of the general contract, and the rights and obligations of the contractor and the contractee as well as the collection method of relevant fees shall be specified. ② In the general contract, the scope of the general contract, the project duration and other aspects shall not include the contents of the designated subcontracting project as far as possible. ③ As the general contractor, it is necessary to avoid signing a designated subcontract with the designated subcontractor as far as possible, and strive to make the Employer directly sign a designated subcontract with the designated subcontractor, so that the designated subcontract works become works outside the general contract. ④ If it is necessary to sign a designated subcontract with the designated subcontractor, try to sign a tripartite agreement including the Employer and the designated subcontractor, which stipulates that the General Contractor only performs the responsibility of general contracting management, and the payment obligation is on the Employer's side. ⑤ The original written evidence such as correspondence, visa, minutes of meeting, etc. with the designated subcontractor during the construction process shall be kept. ⑥ In the case that the project payment for the designated subcontract works passes through the general contracting account, the designated subcontract can also clearly stipulate that the general contractor shall pay the project payment for the designated subcontractor on the premise that the general contractor receives the part of the project payment from the employer. If the designated subcontractor claims the project payment from the general contractor in any form without the above mentioned conditions, it will be deemed as breach of contract, A certain amount of liquidated damages shall be borne. ⑦ If it is necessary to sign a designated subcontract only with the designated subcontractor, it shall be clearly agreed with the Employer and the designated subcontractor that the funds (project funds) payable to the designated subcontractor must first enter the general contracting account and then be paid to the designated subcontractor. The Employer is strongly urged to pay the designated subcontractor directly, and the designated subcontractor can be required to provide a performance bond or performance guarantee.
