The comparison about the nominated subcontractor between China and foreign construction contracts

Abstract

As one of the important subcontracts, nominated subcontractor has been clearly defined in FIDIC, ICE. It also has the similar contents in NEC, even though it has no exactly provisions of nominated subcontracting. However, there are little contents related to nominated subcontractor in China, which makes it have no basement in the real construction case. Hence, this paper aims to find out the shortages about the Chinese nominated subcontractor. To achieve this aims, A comparative analysis about the nominated subcontractor is made, which is based on different construction contracts. Four main contents are found, and there are applicable laws, contract relationship, main contractor's right and responsibility. Eventually, some recommendations are made to improve nominated subcontractor in China. © Springer-Verlag Berlin Heidelberg 2014.