In the construction project contract disputes, due to the Contractor by the qualification grade of restrictions, and the relationship between construction engineering total subcontracting and subcontracting, leading to the contract subject and the legal relationship is very complex, resulting in cases of litigation subject showed a complicated situation. Therefore, correctly determine the contract dispute litigation subject is the key to handle the cases of disputes over a contract for construction project. According to the judicial practice, the following conditions should pay attention.

One, borrow qualification certificate and business license contract disputes, should be based on the borrower and the lender as the litigation subject. Investigation, design, construction enterprise qualification certificate and business license is business certificate to the construction administrative departments and the administrative departments for Industry and commerce according to the technology, capital and fixed assets of reconnaissance, design, construction enterprise comprehensive evaluation after approved according to the law, is one of the main embodiment of civil capacity of a construction enterprise the. Therefore, any borrowing, lending qualification certificate and business license of the conduct is illegal. A contract for construction project unqualified borrowers borrow the name of construction enterprises with qualification conditions signed with the employer to void the contract, such as the resulting quality defects, or other losses, should be listed unqualified borrowers and has the appropriate qualifications for common action of the main lending, and the employer shall bear joint and several liability.

Two, the construction unit interior does not have legal personality of the departments or branches they signed the contract, should be based on the construction unit as the lawsuit subject. In accordance with the provisions of the general principles of the civil law, the construction unit of internal functional departments or branches do not have independent property, unable to bear civil liability independently, therefore, cannot sign a contract for construction project. But in practice, there are a lot of construction project contract is signed by the functional departments, and departments stamped seal. According to the "contract law", this kind of contract is the contract validity to be determined, if ratified construction units or agree, is a valid contract, otherwise, is null and void the contract. But from look on the subject of litigation, functional departments after all not is the main construction contract legal relationship, not independent responsibility, therefore, such cases shall be the construction unit as the subject of litigation and the construction unit shall bear civil liability.

Three, the implementation of general, subcontracting engineering disputes litigation subject should be considered to determine the specific circumstances. In accordance with the relevant provisions of "construction law" and so on, the contractor enterprises can use other branch works outside the main subcontracted to other construction enterprises, but shall be responsible for the quality of construction engineering. If the contractor and the employer disputes occurs during the performance of the contract, should distinguish the different situation to determine the litigants: Subcontractor is the chief contractor of the subordinate enterprises, or subordination relations and the chief contractor, although the subordinate enterprises with independent legal person qualification, but still should take people as the defendant contractor; subcontractor and chief contractor not subordinate relationship, but the subcontractor for the construction of the dispute, should be based on the total package as the defendant, the sub human third people to participate in the proceedings; the employer, chief contractor and subcontractor three party consultation, by the chief contractor will of the contracted construction project to transfer to the subcontractor, transfer of rights and obligations of the contract, and the chief contractor, disputes, should be based on the employer and the assignee of the parties to participate in the proceedings.

Four, because the contractor to subcontract after disputes, still with the Contractor as a defendant. "Construction law" expressly prohibited by the contractor will contract subcontracting to others. In the subcontract works and illegal subcontracting engineering disputes, illegal subcontracting to sign the project contract is invalid. The resulting engineering quality defects shall be borne by the contractor and the contractor subcontracting as a common subject of litigation, jointly and severally liable to the employer.

Five, the preparation and construction office, command and temporary agency contract construction disputes, should be centralized units listed investment unit or project as the main proceedings. Because the temporary agencies although has certain organization form, but do not have their own independent property, is only a construction unit branches or just temporary duties on behalf of the construction unit and, when the construction project is completed, the agency subsequently cancel. In the trial practice, to determine the main dispute, should consider the project investment unit and the completion of the project at the end of the unit in charge, according to the rights and obligations consistent principle, to the unit in charge of the project list or organization as the subject of litigation in litigation; if the focal point is not clear, can be listed investment unit or project manager department for the subject of litigation.