施工合同上总承包服务探析

Analysis of General Contracting Services on Construction Contracts

工程界阐释总承包服务费时简略涉及总承包服务,但未界定其概念与内容。根本原因是误解指定分包和暂估价项目计价性质。分析相关文献、法律法规及规范性文件可知,指定分包是发包人选定分包人的分包,所分包工程属总承包人承包范围工程。总承包服务是主承包人为其承包范围工程存在时空联系的第三人工程相关合同的订立、履行提供协助之义务,内容包括提供专业工程相关信息、劳动对象和劳动手段等有形服务及检验验收等无形服务。

The engineering industry briefly relates to general contracting services when interpreting general contracting service charges,but does not define its concept and content.The root cause was a misunderstanding of the nature of the valuation of the specified subcontract and provisional valuation items.Through the analysis of relevant documents,laws and regulations and normative documents,the designated subcontract is the subcontract of the subcontracted by the subcontracter selected by the contractor,and the subcontracted project belongs to the general contractor’s contract scope project.General contracting service is the obligation of the main contractor to conclude and fulfill the contract related to the third party project for which there is a time and space connection in the scope of the project,including the provision of relevant information on professional works,physical services such as labor objects and labor means,and intangible services such as inspection and acceptance.