Study On The Question About The Civil Liability Of Each Party In Nominated Subcontract Engineering

Nominated subcontract came from the practice of international engineering.At present,nominated subcontract mode has been very common in China,but the relevant provision from our current laws and regulations or industry standards about the legitimacy of the nominated subcontract is inconsistent,even the other content of nominated subcontract is not relevant,leading to a dispute in the engineering project as the lack of legal provisions.So we need to learn from and reference to the international rules when researching the nominated subcontract.At the present stage,the FIDIC's conditions of contract,the ICE conditions of contract:Seventh Edition and the NEC conditions of contract:Second Edition,which are widely used in the world.This article mainly refer to the FIDIC's conditions of contract,discuss the problems of responsibility among employer,contractor and nominated subcontractor.First of all,the responsibility of employers in nominated subcontracts is discussed in this essay,which mainly includes the responsibility for project quality defects and project delay."The Judicial Interpretation" has stipulated that the employer should be responsibility for project quality defects.The law gives no provisions for the responsibility of causing project delay.However,through analyzing questions like how to define project delay and cases,like the responsibility of the employer when project delay occurs in normal subcontracts,the author points out that the employer should be responsible for the liability for fault.Besides,the responsibility for consequences caused by the employer when he fails to designate the subcontractor is explored.Second,analyze the responsibility of contractor in the nominated subcontract and the reasonable right of against that has been improvised by FIDIC.After analyzing the 5.2(ii)item in the FIDIC,and through the comparison between Chinese and English versions,it shows that the contract should be liable for compensation instead of exemption from the joint responsibility of the contractor for the nominated subcontract engineering.At last,analysis the problem about the responsibility of engineering quality defects and if it necessary to undertake fault liability after exercise the reasonable against right in the "The judicial interpretation".Thirdly,study on the responsibility and the liability for breach of nominated subcontractor.In addition,another responsibilities caused by nominated sub-contractor's liability for breach have taken into consideration,such as the employer's liability and tort liability for injuries caused to a third person.Finally,through discussion and analysis of the above issues,to propose some advice to complement the relevant provisions of the nominated subcontract responsibility.It should has some clear rules that those questions of the legitimacy of the nominated subcontract agreement,the project accountability of project quality defects and delays,the right to reasonable objections by the industry regulations and Legislation.This article may provide the regulations to solve the responsibility of each party in nominated subcontract engineering some useful content in hope.