To provide legal services to legal counsel for construction enterprises, is the main way of lawyers to provide legal services on real estate and construction engineering. Real estate and construction of legal services lawyers, focused on providing full legal services for real estate development enterprises. The whole process, refers to the entire process of project development, generally divided into three stages: one is the early stages of the project, including project planning, design, construction, land acquisition, land use right transfer and transfer of the project, the land use right transfer, cooperative development, housing demolition, resettlement compensation etc.. Two is the construction phase of the project, including the construction, supervision, materials and equipment procurement bidding, construction (supervision, equipment and material procurement) contract signing and performance, construction claims, housing pre (Sales) sales. Three is the early stage property management, including the development of property management contract, making the ownersApproximately, the property transfer, housing quality warranty, property management services. Lawyers to provide legal services for the whole process of real estate development enterprises, the main business lawyers to provide legal services in the field of real estate. But another subject in the field of real estate--Construction enterprises, the service provided by the lawyer to focus the project, project quality case litigation, non litigation legal services lawyers for relatively small, business development has not formed the scale.

 A lawyer, the content and form of legal advisory services for construction enterprises
    Construction of the main business of construction enterprise is engaged in housing construction and municipal infrastructure. Lawyers provide legal advisor for the construction enterprises shall, according to the features of construction enterprises and the actual situation, the characteristics of the construction contract, combined with the actual situation of the project, to provide specific services and legal advisors to comprehensive business services. Because of the different construction enterprises and projects, provide service of lawyers have different contents, but from look on the whole, including but not limited to the following contents:
(a) the legal service in construction project bidding

    The so-called bid, refers to the contractor contractor bidding price and conditions to the tenderer for the tender, people choose to get the right behavior. Bid to bid for the premise. The so-called bidding, refers to the project construction unit will project content and the request to the bid invitation documents form, to unspecified (invitation for bid except) the contractor proposed offer invitation, select the contractor behavior.
    Construction enterprise as bidders, aim is to defeat the other competitors, won the bidding project contract in order to high prices, and through the construction of the project, in order to gain profits. The bid is successful or not, determine the sustainability of construction enterprises management. The bid is the starting point for the business activities of construction enterprise, is also the key point. In this part, the lawyer should be based on China's "Bidding Law", "construction law", "construction projects for the scope and scale standards", "architectural engineering design bidding procedures", "housing construction and municipal infrastructure works bidding management approach", "survey and design bidding of construction projects methods" and related laws and regulations and judicial interpretations of the provisions of the provision of legal services for enterprises:

1, lawyers in the construction project bidding process can be used as the bidder (construction enterprise) agent, ensure the legitimacy of their work. The main content is to review has direction tender bids submitted and other documents, data, and ensure the legitimacy of these documents, information and standardization, in order to avoid its content or form of illegal and lead to the rejection of the bids generated. In the case of the main provisions "," quality management of construction enterprise qualification system is a kind of mandatory provisions, then a lawyer should review the tender documents the bidder qualification requirements. If the body is composed of several construction enterprise bidding, lawyers should focus on the examination of qualification combo minimum enterprise qualification, whether to achieve the requirements of the tender documents of qualification. Examine the bid validity, focused on the preparation of the construction enterprise bidding documents submitted to review at the same time, attention should be paid to lawyers, according to the provisions of laws and regulations is invalid strokes (CAST) several target. In addition, different regions according to the local conditions, the local laws and regulations, normative documents, bidding for the problems made the corresponding provisions, which relates to the bidding regulations, and also should pay attention to. There are some tender tender documents, the law does not prohibit range had some additional terms, some involved in the bid validity and as well as the corresponding legal consequences, therefore, the lawyer should also remind the construction enterprises should pay attention to.

2The supervision of the bidding work, lawyers. (mainly is1Review the tender documents), the content of the trial is fair, reasonable, especially the special requirements of the bid invitation party proposed trial whether clear feelings in words, there is no ambiguity in the form of its compliance with the statutory trial. Finally, to assist in their decision whether to bid--Whether the other party a legally binding offer decision. (2) supervision the tenderer's tender, bid opening, bid evaluation, negotiation, bidding work is in accordance with the legal procedures and during development. If not, can the agent has direction tender side comments or objections, complaints or even to the higher competent administrative departments of the tender side. (3After winning the bid tendering), the two sides signed the project contract checks, and after the procedure may issue their problem solving agent.

(two) the construction contract management of legal services

1Before signing the contract, the construction of the lawyer reasonably prompt.

Lawyers should prompt the construction enterprises to fulfill corresponding obligations: do well the preparation work before construction, start on schedule, ensure the quality of engineering, construction enterprises to accept the necessary supervision shall be in accordance with the agreed time limit to complete the project construction to the construction of negative warranty contract is signed, both parties shall strictly perform the illegal reason or contract agreed by the parties, the parties fail to reach an agreement, the two sides of any party may change or cancel the contract. A lawyer should according to the contract agreement and the provisions of the relevant laws that contractor terminates the contract conditions: (1) the employer fails to pay breach of contract, project (2The employer to provide building materials) unqualified, and shall not change (3) does not fulfil a contractual obligation to assist in the other, the contractor cannot construction. The employer and the contractor have the above situation cannot be constructed, within a reasonable time notice within the employer fails to perform the contract, the contractor may. Upon termination of the contract, the finished project through acceptance, the employer shall be in accordance with the contract terms of settlement agreed to pay the corresponding engineering projects completed acceptance unqualified, the employer may request a reduction in payment, reduce engineering shall be limited to unqualified project engineering. A lawyer should notify the entrusting people pay attention to the following matters in favor of cancelling the contract: (1To exercise the cancellation right) shall notify the other party in writing (2) did not exercise the right of relieving the statutory or within the agreed period, the right to eliminate (3) no statutory or contractual rescission of the exercise period, urged by the other party within a reasonable time limit fails to do so, the right to eliminate (4) upon termination of the contract, shall not affect the validity of contract provisions of the clearing and settlement (5) lawyers should prompt clients at the termination of the contract, should also perform the obligations of notification, assistance, confidentiality obligations after contract.

A lawyer should have one of the following circumstances reasonably prompt construction enterprises shall be determined, the construction contract violating the mandatory provisions of the law: (1) the Contractor fails to obtain a qualification certificate or qualification registration (2) by a legally qualified construction unit name (3) the provisions of tender and bidding law must not tender bidding or bidding invalid. The lawyer reasonably inform the client, in the contract null and void, the construction enterprise and shall bear the contractor to rework, repair, shutdown, idling losses as well as engineering quality defects caused by loss of construction project completion acceptance of the employer according to the degree of fault, the construction enterprise may request according to the terms of the settlement project contract discount compensation in the actual investment of the construction project, construction project completion acceptance unqualified, and can not be repaired, the employer may request return has been paid to the engineering cost for construction enterprises.

2Construction contract review, modify.
    Review, modification of the contract is the main method of project law in the economic field for the construction enterprise specific department provide legal consulting service. Construction contract is the embodiment of the construction enterprise in the engineering project construction contract rights, obligations, a leading role in the whole process of project construction. Because of the construction contract with the object of special, the huge amount of investment, the contract performance period is long, wide, and this kind of contract legal relationship is complex, involving legal, administrative regulations, local regulations, departmental rules and regulations, standards, specifications of various reasons, so the law review, modify the construction contract role and significance very significant. A lawyer should quality, price, duration of the substantive provisions strictly quality grade, expressly agreed in the agreement (such as qualified, excellent). If the construction units have special requirements on the quality, such as the national high quality project, local quality engineering, should be clearly agreed to the special requirements of the incentives, but did not reach the special requirements of up to standard (or good) reward and punishment measures, and the construction unit shall perform the obligations. Avoid using ambiguous words. For the price, should also have a clear agreement, such as"The construction drawing budget and visa","The construction drawing budget plus factor contract","According to the construction area of square meters of construction contract"So, avoid"Temporary price","Cost about how many million","After the completion of just settlement"Such agreement. The contract price adjustments, should be combined with the project, the market environment and other factors, with prescribed in the clause. For the payment, shall be stipulated in advance, the project in the particular conditions (Progress), settlement payment proportion and payment deadlines, and not according to the agreed payment default responsibility. For a time, the absolute time and relative time, should be clearly agreed time limit the total number of calendar days such as the inability to determine the start date, should be agreed in order to commence (or by written notice to Party A should be open, respectively) agreed completion date of group projects. Law review, modify the construction contract, should also be familiar with general terms, based on the review of the special conditions. General terms, that is common to a certain class of the terms of the contract, is characterized by versatility. Most of the construction enterprises do not attach importance to general terms, in fact, if no special provisions for specific terms, then the general clause becomes a special clause, is the performance of the contract basis, are binding on the parties to the contract. Special terms, is dedicated to a specific terms of the contract, the particularity and specific contract. The special conditions include not only the text of the model provisions, including elimination, modification and supplement to the general clause. Review of special provisions should pay attention to some of the procedure, time limit and the liability for breach of contract.

3, project tracking service

The construction contract period ranging from a few months to several years, many. In the construction of the contract process, many factors affect the duration of. If the design change, delay payment, rework, to suspend construction drawings submitted, not timely, material supply is not timely, there are other social factors, such as natural factors. Lawyers in the construction process of tracking, lawyers should be reasonably prompt construction enterprise, contract to open, the completion date is agreed, the parties, the contract is not agreed, the start date to the employer issued the notice of commencement date, date of completion the completion acceptance report can be submitted by the Contractor shall be the date when the employer to amend the contractor, with modifications to the employer approval date for completion date.

Lead to extended time limit for a project case, the lawyer should be based on the contract of construction enterprises and prompt attention, timely written records, such as: the employer fails to provide drawings and construction conditions about the employer fails to pay about project advanced payment, progress payment, resulting in the construction can not be normal for the employer specified (hereinafter referred to the designated representative) did not provide the required instruction, approved agreed, hampers the normal progress of the construction design and engineering changes to increase the amount of water, non contractor causes power outages, stop gas causing suspension of more than the agreed and specified time hidden works in concealed before, the Contractor shall notify the employer to check, the employer is not timely check the employer not according to the agreed time and required to provide raw materials, equipment, site etc..

For the employer violates the "contract law" article278Article,283And284Provisions, lawyers should prompt or help construction enterprise written demand that the employer within a reasonable period of time to perform its obligations. If the employer fails to fulfill the obligation within a reasonable time, the Contractor shall have the right to request the employer compensation as a result of work stoppages, due to loss, and the corresponding extended period of time. The lawyer reasonably prompt construction enterprises in the project postponed, shall timely inform the employer or a designated representative. The construction enterprises for exhortation, the employer has failed to fulfill its obligations within a reasonable time, idle time from the notice date until the shutdown due to elimination of the date of. The lawyer reasonably prompt construction enterprises to suspend and resume construction shall present a written form.

4The lawyer, service tracking and payment of

According to the contract project in a timely manner, the construction enterprises in the construction contract is the core right. First is the project payment, lawyers can reasonably prompt construction enterprise should get the time advance of the project, the contract is not agreed by the advance, the construction enterprise shall be in written form notice, the employer is not paid, the construction enterprise may suspend the construction and require the employer liable for breach of contract. The second is the progress of the projects, lawyers can reasonably prompt construction enterprises, in the time of the contract to the employer to submit the report for work performed, and urge the Contractor under the contract agreed to identify and work progress payment. Lawyers can prompt the reasonable quantities of time, and not timely measurement of possible consequences. Again is the project settlement, lawyers can be reasonably prompt construction enterprises should first agreed to submit complete completion data, the completion acceptance report, completion settlement report and complete the settlement data receipt of the completion acceptance settlement documents, does not reply within the prescribed period, as the completion settlement conditions for approval, construction enterprises should be completed clearing files as the basis for settlement. If the employer does not pay the settlement, the construction enterprise will not deliver the project, and can achieve the period stipulated in the contract, according to the contract law article286The provisions of article, to exercise the priority. Lawyers should be prompted to construction enterprise, the employer to postpone the payment of the project, can actually ask the employer to bear the interest on deferred payment, and promised to stop construction and termination of the contract. The interest from the agreed payment, calculated in accordance with the loan interest rate of the fixed assets over the same period the people's Bank of China release. The contract is not agreed payment time or in accordance with the contract, it is difficult to determine the engineering payment in arrears, interest since the project delivery date.

5Visa, engineering and construction claims

Engineering visa is engineering contracting means both parties in the construction process according to the contract agreed to pay the bills, extended period of time, to compensate for the loss of the said supplemental agreement consistent, mutual written confirmation of visa is according to the engineering settlement or final settlement or project cost. A lawyer should remind the construction enterprises, construction enterprises of non cause delays, engineering change, agreed by the employer to bear the risk, the breach of contract the contractor increased costs, expenses, should be in accordance with the procedures stipulated in the contract to ask the employer to visa, mainly has: the employer to figure the visa, construction in case of emergency visa, visa entrusted construction organization design, construction drawing design of visa, visa extension started, the employer to suspend the construction of visa, visa, visa delays ahead of schedule, acceptance of concealed work visa, visa, re inspection project commissioning visa, visa, safety protection measures of risk construction safety measures visa, visa, project quantity price adjustment measurement of visa, the contractor agreed to defer payment of the price, the contractor work visa visa, a feeding material visa, the contractor procurement of materials and materials for visa, the rationalization of the proposed cost allocation and revenue sharing sign, determine the change of price visa, visa, completion and acceptance of completion, acceptance of completion settlement of individual visa visa, submit the claim data data visa, not a force majeure event visa, use the patent technology reporting Visa visa, found protection measures of underground obstacles and cultural relics etc..
     Claim is an engineering contract the two sides of any party failed to obtain a written confirmation according to the contract agreed to pay various fees, extended period of time, compensation for losses, within the time limit agreed upon each other in a right of request for compensation. Low bid, claim the money, has become a construction enterprise a lot of standardized management of important principles of operation. A lawyer should assist the construction enterprises to establish the claim concept, the establishment of the claim mechanism, grasp the opportunity to claim. Lawyers in this service, should prompt the construction enterprises, found in the employer modifies the design workload, or drawings or change the technical requirements, it shall timely request in writing the employer written confirmation of this change, and in accordance with the agreed procedures to submit engineering change cost adjustment report submitted to the employer. To remind the construction enterprises usually pay attention to claim the accumulation of the data, each economic, technical visa to timely, accurate, engineering quantity report all timely delivery and ask to sign, design changes, engineering changes to visa, talks, talks and to agree to have written records and signed by the parties, unilateral letters (such as the allocation of Engineering notice, extended time limit for a project report) to have each other to sign and preservation. In addition the claim procedure shall be in accordance with the two sides signed the construction contract model text provides procedures to the employer's claim report.

(three) the construction project quality management of legal services

1Construction quality management, legal services    

Quality responsibility is the core responsibility of construction enterprises in the construction contract. The fundamental purpose of construction enterprise is a qualified building products through the construction of profit. Lawyers in the legal services in this stage, should remind the construction enterprise must, in accordance with the construction design drawings and construction technical standards, not allowed to modify the engineering design, design documents and drawings shall not Jerry found errors in construction process, it shall timely put forward opinions and suggestions. A lawyer should remind the construction enterprises must be in accordance with the contract requirements of the engineering design, construction technical standards and contract, the building materials, building components and fittings, equipment and merchandise concrete inspection, inspection shall be recorded in writing and signed by the person without inspection or inspection unqualified, shall not be used. Hidden works in concealed before, it shall notify the construction units and construction engineering quality supervision institutions construction enterprises. Construction personnel to the structural safety of the test blocks, test cases and related materials, should live in the construction engineering supervision unit or units under the supervision of sampling, and deliver quality testing unit having the appropriate grade of qualification testing. Prompt response to the construction quality of construction enterprises, construction units shall obtain the qualification certificate of corresponding grade according to law.

     2, the completion acceptance stage
    A lawyer should remind the construction enterprise should be in after the completion of the project in time to submit completed construction units, for the completion of the project acceptance. The construction enterprise shall participate in the organization's acceptance. The construction enterprise construction defects on completion acceptance unqualified or, shall be responsible for the repair.
    3, quality warranty period

A lawyer should remind the construction enterprises in the construction units to submit to the project completion acceptance report, shall issue the quality warranty letter to the construction unit. Should make clear construction project scope of warranty, warranty period and warranty responsibility for quality warranty book. Construction engineering quality problems occur in the scope of warranty and warranty period, the construction unit shall perform the obligations of maintenance. Under normal use conditions, construction engineering have been clearly stipulates the minimum warranty period, such as: infrastructure, housing construction foundation engineering and the main structure of the project, to prevent leakage reasonable service life of roof waterproof engineering, the engineering design documents with anti water requirements bathrooms, room and the outer wall and, as5Annual heating and cooling system, as2Heating, cooling stage electrical pipelines, water supply and drainage pipes, equipment installation and decoration works, as2Years. Other projects warranty period agreed by the employer and the contractor. Construction warranty period, calculated from the date of final acceptance.

(four) the engineering cost of construction of legal services

Changes in construction engineering project cost in the process often involves all aspects of the construction phase of the process, namely the construction drawing changes will lead to cost increase or decrease the change of construction scheme, construction method, construction technology in project cost of the changes of building materials, equipment, facilities, or changes in market prices, or change the construction quality construction project cost, lead can cause cost changes. The lawyer according to the actual situation of the construction site, in accordance with the law for the construction enterprises to provide prompt review, the main content:
    1, Joint examination of construction drawing

The construction drawings are clear scope of construction, construction content, construction methods, the use of building materials, equipment brand, specifications of the project, construction units should be carried out before the construction drawings and organize the relevant units. Before the start of a month, by the construction unit to convene and preside over, by design, supervision, cost consulting unit, construction unit to participate in the joint examination of construction drawing content: construction drawings have wrong by the design institute to be corrected to verify the drawings wrong or missing to revise and improve the use of new materials or alternative materials saving cost rationalization proposals the method of construction, to prove that not clarify needs to increase or decrease the sub aim to adjust the aforementioned are related to the cost of engineering drawings, construction method. Therefore, the relevant units shall, according to the construction drawings changes, the cost increase necessary report, according to the contract of the program or plan to adjust.
    2Operating conditions, review

Construction projects have a lot of preparatory work before the start of construction units, including through legal construction, employment permit procedures, have the technology, construction site conditions, the lawyer suggested that construction enterprises review or issue commencement report, compliance with the major review of the following: (operating conditions1Complete the agreed conditions) and start the statutory procedures of the achievements made, namely construction procedures and the construction permit (2) construction technology conditions available that coordinate, leveling point, underground pipeline data are available (3) construction site, water, electricity and other meet "Three links one ping"Conditions.

3In the process of construction, contract review performance

Features of construction process is long, change, involving a wide range, therefore, the formation of the written change a lot of information in the construction process, both sides agreed to change is a part of the contract, is based on the settlement of project cost. The work liaison sheet, technology approved single review mainly has: the quantitative criteria and calculation of engineering quantity change review construction content change fact engineering quantity and time limit, quality design alteration, content, procedures, authorization visa subject review of the. The schedule of the project the image of the contract and completed review mainly has: the image of progress node and the progress of the payment standard The finished project quantity check The finished project quality inspection of concealed works (intermediate) approval and review are: program specification and standard engineering data organization to participate in the inspection and acceptance of the complete responsibility standard (including materials production license, certificate, test certificates, concrete, mix ratio etc.).
   4Effect of the extension of time, the cause of review, mainly: To change the design of the project increased construction units for the project increased because of the construction process before and after the disjunction effect of natural disasters and other force majeure event management.
   5Completion of the project acceptance, review: construction enterprises to complete the construction task of the contract, namely, the completion of the project, construction units should be to declare acceptance, review the following matters: a lawyer to help organizations, to participate in the inspection body different duties and acceptance procedures, aging, not timely acceptance or non acceptance of the consequences of acceptance and standard (GB, enterprises standard, the standards stipulated in the contract) responsibility quality defect identification and repair expense undertakes engineering data collection, collation, and according to the requirements of the relevant departments to the relevant departments to bound the completion of inspection records.
   6(must) be completed, knot

The completion of the project through acceptance, the construction unit, construction enterprises to the total project cost to settlement, to determine the final cost and engineering end the money amount. Construction units, the construction enterprises shall be carried out their financial accounts of the project cost, to check the project benefit. Counsel or assist the construction enterprises mainly settlement cost on the completion of the construction, review or audit to audit the units issued by the audit report. The time to project completion settlement, a contract as agreed, not prescribed by the Ministry of construction (2001)107The document provides time for settlement. Calculated on the basis of engineering quantity: other information and that the construction drawings, site visa, construction contract, scheme, construction organization design bidding book relates to the engineering cost. Quota basis: quota (price, cost, rate) application, to determine the three material content and amount of material difference, labor costs, according to price adjustment method. The contract has an agreement according to the agreement, no agreement on during the construction period of the quota according to the market information price adjustment materials, artificial price, quota without sub aim at market price. Site visa effectiveness, validity, in accordance with the contract agreed time visa program, permission to review visa.

7Quality warranty period
    The completion of the project through the acceptance of delivery, use construction units, construction enterprises in accordance with the law and the contract should fulfil obligation of quality warranty. The warranty period still related cost cost. Lawyers provide legal services available from the following review related content:1. warranty contracts or specific terms: (review1) Quality warranty gold ratio or the amount of the set (2) Quality warranty period of the contract (3) Maintenance or repair procedures.2． Processing quality warranty period expires (margin1) Repair quality liability and expenses (2) Standards, procedures to repair fund (3) The return of warranty gold time, gold reserve guarantee interest exemption or plan to take.3． Repair quality liability or expense dispute solution way, way
    8Legal services related to the project cost, lawsuit case
    In the construction process of trial contract the contract dispute cases usually involve in project cost of completion settlement of disputes, not confirmed by the parties, or termination of the contract on the midway without clearing project funds according to the application of the parties, the court often commissioned valuation institutions valuation appraisal, and according to the audit report as legal basis. A lawyer to handle such cases from the following points of professional, legal advice:

Valuation appraisal application: According to the provisions of the rules of evidence, the burden of proof is on one side, the project cost shall claim valuation appraisal application at the expiration of the time limit for adducing evidence. That project cost one party has evidence to prove that the project cost has been confirmation or contract project cost to determine the agreed conditions have been accomplished without identification application. We take exception to the application of the price. The bidding and project cost bidding procedures determined not delegate identification. The cost of a professional body approved the project cost and has been confirmed by both parties, the other party shall not re apply for the identification of financial audit is to. Audit fees prepaid, judicial authentication fees by the general for the identification of Party advance. Both the identification requirements of the half, both sides in advance. The selected audit unit, both parties selected identification unit, no consensus was commissioned by the people's court.
    The valuation appraisal draft objection: according to the valuation appraisal process, appraisal unit after verification of engineering quantity and both sides, or to calculate the engineering quantity, issued to the client identification. Lawyer to assist parties to the identification draft objection from the following aspects: review, qualification and qualification method for calculation of engineering quantity valuation qualification units and personnel, cost, rate applies to materials, artificial cost price adjustment method and according to the examination cost composition basis.
   Evidence on the valuation report, the lawyer from the following several aspects to the judicial appraisal report quality certificate and dissenting opinions: engineering quantity method, price appraisal valuation range whether identification procedure legal valuation identification procedure and on the basis of the construction drawing budget and difference as built drawing engineering quantity and adjusted according to.
    To apply for re identification: the following situation according to the Supreme People's court "several regulations about the civil action evidence" the provisions of article twenty-eight of the twenty-seventh, the evaluation report may apply for re identification: identification program appraisal institutions or the identification of personnel do not have relevant qualifications serious illegal identification conclusion obvious insufficient basis for the cross examination that the appraisal conclusion can not be used as evidence of the other party to entrust the relevant departments to make, the other party has evidence to refute, overthrow. Conclusions on the identification of defects, which can be solved by the supplementary identification, re examination or supplement the interrogation methods, not re identification.

(five) the sub contract management

The vast majority of projects are related to engineering subcontracting. Unlike in the past, the state in order to guarantee the project quality, prevent disorderly subcontracting, subcontracting into professional subcontracting and labor subcontracting two categories ("construction enterprise qualification regulations", the Ministry of construction order No.87Number), and both professional subcontracting and labor subcontracting, all provisions of the mandatory requirements. A lawyer should focus on the review of the qualification of subcontracting unit, credit status, to examine whether the existing contracts, illegal subcontracting and subcontracting non-standard case review, loan quality of the sub contract are complete, whether the guarantee time limit for a project, quality, avoid due to the subcontractors and bear joint and several liability.2003Years, the Ministry of construction, the State Administration for Industry and Commerce jointly formulated the labor subcontracting two demonstration text subcontracting, construction professional. Because the model text with criterion, systematic, comprehensive, lawyers in the review, modify the subcontract, reference should be made to the model text, and to the construction enterprises to actively recommend demonstration text, this will be conducive to further regulate subcontracting behavior.
     Professional engineering subcontracting, refers to the construction general contracting enterprises will be the project of major projects to have the corresponding qualifications of other construction enterprises activities. Lawyers should be prompted to construction enterprises, professional engineering subcontract unless otherwise agreed in the contract, the employer must be approved by. Professional subcontracting engineering contractor must complete the contract works to. Contract of construction enterprises survey, design, construction project, will be part of the project subcontracted to other units with appropriate qualifications. Sub projects shall be subject to the minimum. Survey, in the construction engineering design projects, individual project for construction projects in the minimum standard, the unit works as a minimum standard. Individual project: composed of several unit engineering construction, has the independent design documents, completed to independent functional benefits of engineering. The unit works: individual projects individually designed, can independent organization of construction engineering.
    Services operating in the sub contract, refers to the general construction contractor enterprise or professional enterprise of its project of labor service contracts to labor subcontracting enterprises to complete the activities. Lawyers should be prompted to construction enterprises, for services operating in the sub contract shall, through labor contract. The labor service contractor shall finish the task it undertakes to. Lawyers should be prompted to sub contractors shall, according to the contract, the engineering quality, time limit for a project subcontracting the employer is responsible for.
     A lawyer should reasonably prompt and review the ban on subcontracting situation, subcontracting, refers to the contractor violates the provisions of the "construction law", not the management function, the contracted project transferred to other contract behavior. Have one of the following acts, as a sub contractor will: the whole project contract to others contracting; contractor will all engineering dismemberment of the contract after the package name to others contracting; contractor will be the main structural engineering to others contractor; the contractor to subcontract the project to do not have the appropriate qualifications unit; sub units to the contract and subcontract. Lawyers suggested that clients should pay attention to the following situations: the contractor whether the whole project contracting out to others the contractor will all engineering dismemberment of the contract after the package name respectively awarded to the others sub contracting or subcontract the project, not at the construction site to set up project management organization and dispatch relevant personnel the construction activities, or not of the project organization management.
    A lawyer should prompt and reasonable review illegal subcontracting situation: sub contracting the construction general contracting contract professional construction projects or labor operations subcontracted to does not have the corresponding qualifications, sub contractor did not agree, is not approved by the construction unit, contractor Cheng the employer will be contracted to part of the project engineering subcontracting to others.

(six) material, equipment procurement and contract management

Both the total construction contract or professional contract, in most cases, are from the procurement of materials, equipment, construction enterprise. In a construction contract, purchase materials, equipment is very big, so a lot of contract signing. For this contract, should focus on the examination materials, equipment suppliers with production, sales (including installation, commissioning of large equipment) the corresponding product qualification, its products are in conformity with the agreed terms of the special conditions, in compliance with design requirements and mandatory standards, delivery is guaranteed, can provide the product certification, the products cover defects can provide guarantee.

In the procurement of materials, equipment, construction firms, lawyers should also examine whether there is illegal case the employer specified producer or supplier, client assign materials and equipment, the lawyer can remind the employer, in accordance with the contract, the building materials, building components and fittings and equipment procurement by the contracting unit of the project, the developer may not the contractor for the project specified purchase building materials, components and equipment or designated production factory, supplier. If have, should inform the construction company refused, or the agreement due to poor quality materials, equipment should be reasonable to assume responsibility for the losses. The supply of materials and equipment, the lawyer should remind the employer, in accordance with the contract agreed time supply by its supply of materials and equipment, and the supply of materials and equipment shall be responsible for the quality. Contractor procurement of materials and equipment, the lawyer should remind the contractor, by the procurement of materials and equipment, the employer shall not designate the manufacturers or suppliers. In the equipment leasing contract, for personnel operating lease equipment also must be agreed by the parties, including the operator corresponding qualification etc..

A lawyer should assist the construction enterprise and project department, contract files and classification management, contract management, management measures, seal seal of the contract project contract authorization management measures, for material, equipment procurement and contract management. A lawyer should help the construction enterprise and project department to review and modify the various materials, equipment purchase and lease contract text, major professional procurement contract review process and contract negotiation, in the course of fulfilling the contract, the letter urged urge, breach of comprehensive agent action are: contract clauses contract reasonable notice the performance of the contract, breach of contract performance in reasonable notice, collect our favorable evidence to the performance of the contract, the liability for breach of contract caused legal advice on the legal consequences of the termination of the contract and the termination of the contract, law review and issue legal opinion. For the personnel management of construction enterprise and project department and purchasing personnel to the theory and practice of contract law training.

 (seven) the construction enterprise and project Department of labor management legal services

1Provide legal training, labor for construction enterprise and project department

The new "labor contract law", "labor dispute arbitration mediation law", "democratic management regulations of Jiangsu province", and the judicial interpretation of the Supreme Court (Lecture: understanding and application of the law1)08Nian Yuanyue1Japan has come into the "labor contract law" understanding and application of lecture, let the enterprise and the staff responsible for the most concise, understanding and application of labor law, contract law, and combining with the practical situation of enterprises (2)08Years5Month1Japan has been in force "labor dispute arbitration mediation law" understanding and application of lecture, let the enterprise is responsible for the relevant people and staff, understanding and application of "the most simple labor dispute arbitration mediation law", and understand the process and all previous difference of labor cases, should pay attention to the problem, influence on the enterprise (3"Labor contract law") and "labor law", "labor contract regulations of Jiangsu province" terms corresponding to difference, and provide the control text, and "labor contract law" (English text4) "rules for the implementation of the labor contract law" (draft at present is the understanding and application of the law (Department)5) "democratic management regulations of Jiangsu province" on the implementation of the labor contract law related provisions (democratic procedures6) the Supreme People's Court on the handling of labor dispute cases, the judicial interpretation of the Jiangsu Provincial Higher People's Court on the handling of labor dispute cases, explain the Jiangsu labor dispute arbitration committee about the handling of labor dispute cases meeting minutes.

2Provide labor employment, legal risk prevention programs for the construction enterprise and project department

(1) lawyer regularly informed of construction enterprise and project Department of labor contract, performance, help regulate the employment behavior,Enable enterprises to avoid the dissolution of the labor contract procedures illegal or dissolution of the labor contract is not legal risk caused by the direct labor staff to improve the skills of collecting evidence, guiding the use of rules and regulations to carry out scientific management,The burden of risk avoiding, reducing employee and labor disputes shall be liable
   (2) to assist the construction enterprise and project department prevent caused by labor management labor disputes, assist to labor inspection and social insurance registration and filing work to assist the company to declare the internal rules and regulations for the record and the declaration adopted comprehensive working hours and economic layoff procedures to assist the company to do the lift and renew and termination of labor contract work for lawyers witness the labor contract, issue lawyer letter to attend important meetings, site, provide legal consulting agency labor contract witness and other relevant labor affairs.

(3A lawyer should also be reasonable) that construction enterprises, project Department of labor, the main responsibility for the construction enterprise, all kinds of staff employed by the project or construction enterprises in accordance with the law, the general form of labor relations, do not sign labor contract still apply "labor contract law" double payment and non fixed term contract.

3Modify the text of the labor contract, labor and personnel system for the company, to provide management and employee handbook revision of legal services

(1According to lawyers) construction enterprises in the actual labor conditions modify the labor contract and all kinds of internal project manager contract agreement

(2According to lawyers) construction enterprises actual employment situation, the drafting of relevant technical personnel "commercial secret protection agreement" and "non compete agreement", the drafting of "honest" as agreement procurement personnel and management staff.

(3The lawyer for the company) draft, revise and review of rules and regulations, to help companies establish and improve all kinds of labor and personnel management system, establish enterprises related to employment, wages, welfare, insurance and other aspects of the internal management system and labor discipline

4For construction enterprises, and the project of processing and coordination of industrial, labor, labor dispute.

The foregoing has certain similarities, in most construction enterprises and construction projects will meet, but a construction enterprises, is not only related to the above legal services, in the construction of the project will involve such as guarantee, insurance, compensation for damage, injury, labor disputes, construction enterprises in the rapid development and scale expansion, also relates to the enterprise merger and acquisition, foreign investment cooperation, corporate governance, all needs to have a professional lawyer team participation. Legal adviser, provide professional service for the construction enterprises, only a professional lawyer is not enough, also need to law firms to provide comprehensive legal services in overall participation. Along with the enlargement of the efforts to rectify the construction market, the construction market and employment will gradually on the right track, law firms for the construction enterprises to provide legal services for large as.

 

Construction professional lawyers hotline: 13608303519 QQ:506043538