The contractor and subcontractor shall sign a contract. Subcontracting needs to sign a subcontract to safeguard the legitimate rights and interests of both parties and ensure the smooth progress of the subcontracted project. However, the subcontractor must have the corresponding qualifications, and at the same time, the employer shall not dismember all the contracted construction projects and subcontract them to a third party in the name of subcontracting, otherwise the subcontracting will be invalid.

Legal objectivity:

construction law

Article 29

The general contractor of construction projects may contract some contracted projects to subcontractors with corresponding qualifications;

Except for subcontracting agreed in the general contract, it must be approved by the construction unit. In the case of general contracting, the construction of the main structure of the construction project must be completed by the general contracting unit itself. The general contractor of a construction project shall be responsible to the construction unit in accordance with the provisions of the general contract;

Subcontractors shall be responsible to the general contractor according to the provisions of the subcontract. The general contractor and subcontractors shall bear joint and several liability to the construction unit for the subcontracted project. It is forbidden for the general contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting contracted projects.