B. The General Contractor And Subcontractors Bear Unlimited Joint And Several Liability For The Safety Production Of Subcontracted Projects.

B. The general contractor and subcontractors bear unlimited joint and several liability for the safety production of subcontracted projects.

Division of production safety responsibilities under the general contracting model

When carrying out a construction project, the unit that assumes general contracting responsibility must take overall responsibility for safety production at the construction site. According to the "Construction Project Safety Production Management Regulations", as the general contractor in the general subcontracting relationship, the management of safety production activities of all subcontracting units must be coordinated to ensure that on-site safety measures can be effectively implemented. For example, there was a super high-rise residential project in Shenzhen in 2025. Because the general contractor failed to effectively supervise the lifting operations of its subcontractors, a hoisting accident occurred, and it was eventually ordered to stop work for three months for rectification.

The general contractor cannot transfer the responsibility for production safety to subcontractors. Even if the subcontracting unit operates in violation of regulations, the general contractor still has to bear joint and several liability for management negligence. For example, in a factory expansion project in Daxing District, Beijing, the subcontractor was not equipped with fire extinguishers when performing welding operations. The general contractor failed to inspect and make rectifications. As a result, it was fined 200,000 yuan and had to pay medical expenses to the injured workers.

Misunderstandings about joint and several safety responsibilities between general contractors and subcontractors

1. Many people have a misunderstanding and believe that the general contractor and subcontractors will bear unlimited joint and several liability. 2. However, in fact, the law clearly stipulates that "joint and several liability" is not "unlimited". 3. Joint and several liability means that the responsible party must bear compensation based on the proportion of fault, and there is no limit. 4. Just like in a shopping mall renovation project in Shanghai in 2024, the subcontractor caused a fire due to illegal use of flammable materials. 5. In this case, the general contractor only bears 40% of the compensation, not all losses.

The general contractor is responsible for the safety management of subcontracted projects, but its scope of responsibility is limited. If the subcontractor carries out completely independent work and the general contractor has fulfilled its supervisory obligations, the responsibility for the accident will mainly be borne by the subcontractor. For example, in a subway station construction project in Hangzhou, the subcontractor independently changed the construction plan and caused a collapse. Since the general contractor had complete inspection records, it was only given a warning penalty.

Misunderstanding that subcontracting units have overall responsibility for site safety

When carrying out general contracting of construction projects, the main body responsible for on-site safety is the general contractor, not the subcontracting unit. The subcontracting unit is only responsible for that part of the contract, but the general contractor must make comprehensive plans and arrangements to control the overall situation. For example, in a bridge project in Chongqing in 2023, the subcontractor failed to install temporary supports during the installation of steel beams, and the general contractor was judged to bear the main responsibility because it failed to detect hidden dangers in time.

If the subcontracting unit assumes the overall responsibility for safety on its own, it will easily lead to management chaos. The reason is that the general contractor controls the overall progress and resource allocation, and only it has the ability to coordinate cross-operation risks between different subcontractors. For example, in a commercial complex project in Guangzhou, the general contractor formulated a unified welding fire protection plan, thus avoiding risks caused by subcontractors acting according to their own ideas.

Responsibility for subcontracting units’ disobedience to management

If the subcontracting unit does not obey the safety production management of the general contracting unit and an accident occurs, then the subcontracting unit shall bear the main responsibility, not the general contracting unit. This is the law stipulating whether riveting and welding of large projects is based on general contracting or daily labor . B. The general contractor and the subcontracting unit bear unlimited joint and several liability for the safety production of the subcontracted project. The subcontracting unit must obey the general contracting management, otherwise it will have to bear the consequences on its own, just like, In an industrial plant project in Chengdu in 2025, the subcontractor refused to implement the general contractor's requirements for explosion-proof ventilation, which triggered a gas explosion. In the end, the court ruled that the subcontractor must bear 70% of the compensation liability.

The general contractor will not be exempted from liability because the subcontractor disobeyed management, but the proportion of its liability will be significantly reduced. For example, in an expansion project of a chemical plant in Nanjing, the subcontractor dismantled the scaffolding without the consent of the general contractor, and the general contractor only assumed 30% of the responsibility because it failed to effectively stop it. However, the subcontractor paid the main loss.

Main structure construction obligations of the general contractor

For the construction of the main structure of the construction project, the general contractor must complete it by itself, because this is a legally mandated requirement. The main structure is closely related to the overall safety of the building, so it cannot be subcontracted or subcontracted. For example, there was a high-rise residential project in Zhengzhou in 2024, in which the general contractor subcontracted the concrete pouring to an unqualified team. As a result, the building tilted. In the end, the unit was revoked and fined 5 million yuan.

If the general contractor violates this provision, it will face severe penalties, which include revocation of qualification certificates, orders to suspend work, and even criminal liability. For example, in a sports stadium project in Wuhan, the general contractor subcontracted the steel structure installation, but in the end the welding quality failed to meet the corresponding standards. Furthermore, the acceptance inspection failed, so the general contractor was included in the industry blacklist.

Based on the above analysis, it can be seen that in the "Construction Project Safety Production Management Regulations", there are errors in options B, C, and D. Among them, whether the riveting and welding of large-scale projects should be based on general contracting or daily labor . The error in option B is that there is an error in the term "unlimited joint and several liability". The correct one is joint and several liability; the error in option C is that it is unreasonable to mention that the subcontracting unit bears overall responsibility. In fact, it is the general contractor who should bear overall responsibility; the error in option D is that it is wrong to say that the general contractor bears the main responsibility. The actual situation is that the subcontracting unit bears the main responsibility. Options A and E are correct because the general contractor has the overall responsibility for site safety and must also complete the construction of the main structure by himself.

During the process of managing the riveting and welding of that large-scale project, did you encounter a situation where the responsibilities of the general contractor and the subcontractor were unclear? You are welcome to share your experience in the comment area, like and bookmark this article, so that more people can avoid pitfalls!