With the downturn of the real estate industry, construction companies are facing the problem of triangular debt. Downstream subcontractors have more problems suing for project payment. When suing, the subcontracting settlement price is determined according to the procedures in the subcontracting settlement form. The determination of the subcontracting price involves the issue of whether the signature procedures of the project personnel are valid.
Start with the subcontracting settlement data. First, the compliance of the data. Whether the settlement data is signed and confirmed by both parties or whether Stamp to confirm. Secondly, look at compliance issues from the perspective of whether the signatory is the authorized person.
When the court accepts subcontracting prosecution cases, many cases only have the signature of project department personnel, which means the subcontracting settlement amount is recognized . The legal basis is mainly the provisions on agency power in Articles 163, 167, 171 and 172 of the Civil Code. For example, if it is signed by the on-site person in charge (project manager) agreed in the subcontract or by other employees of the project department (personnel not agreed in the contract), this also involves the issue of acting as an agent, as long as there are other documents signed by that person. , which proves that the employee is an employee of the unit and has official agency behavior. For example, process subcontracting payment procedures and other information.
Project department employees may have accepted commercial bribes and have resigned. This issue has led to lawsuits against the company Sometimes, the actual settlement amount is less than the amount in the written settlement procedures, resulting in damage to the interests of the enterprise.
If it is proven that an employee accepted a bribe, the settlement document will be invalid according to Article 154 of the Civil Code. .
As to how to avoid problems faced by employees during the subcontracting settlement signing procedures, the following suggestions are provided:
1. Clarify employee authorization matters in the subcontract, and confirm that contract modifications and changes, and major material and equipment purchases are excluded. , External guarantees and other investment and financing matters shall be reflected in the form of a power of attorney. This page shall be stamped and signed by the subcontractor;
Due to the long project duration, if personnel changes are involved during the period, the other party should be notified in time, and the company should issue a written authorization The letter shall be delivered in the form of notice stipulated in the contract. In order to reduce service disputes, it is recommended to stipulate an email address in the contract and make service directly through email;
2. Issues regarding subcontracting and settlement procedures within the construction unit, one of which is the subcontractor settlement commitment letter, agreeing to divide The settlement amount promised by the contractor, the renunciation clause for claims and other rights, and the settlement amount agreed upon by Party A shall be subject to review by Party A’s XX department.
3. According to the provisions of 451 of the Civil Code. It is stipulated in the subcontracting contract that the subcontracting settlement information shall be signed by the authorized person and stamped with the company's official seal to take effect. Enterprises should strengthen the seal management and control process during the process to avoid the occurrence of stamping behaviors.
4. The construction unit shall strengthen the training of project personnel and provide explanations on sensitive issues such as subcontracting settlement and signature procedures. Reduce the major risks to the enterprise caused by employees who do not pay attention to the formalities and sign the corresponding settlement documents.
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