问题 问答题 案例分析题

【背景材料】某工程项目通过公开招标的方式确定了3个不同性质的施工单位承担该项工程的全部施工任务,建设单位分别与A公司签订了土建施工合同,与B公司签订了设备安装合同,与C公司签订了电梯安装合同。3个合同协议中都对甲方提出了1个相同的条款,即建设单位应协调现场其他施工单位,为三公司创造可利用条件。合同执行过程中,发生如下事件。

事件一:A公司在签订合同后因自身资金周转困难,随后和承包商D公司签订了分包合同,在分包合同中约定承包商丙按照建设单位(业主)与承包商乙约定的合同金额的10%向承包商乙支付管理费,一切责任由承包商丙承担。

事件二:由于A公司在现场施工时间拖延5天,造成B公司的开工时间相应推迟了5天,B公司向A公司提出了索赔。

事件三:顶层结构楼板吊装后,A公司立刻拆除塔吊,改用卷扬机运材料作屋面及装饰,C公司原计划由甲方协调使用塔吊将电梯设备吊上9层楼顶的设想落空后,提出用A公司的卷扬机运送,A公司提出卷扬机吨位不足,不能运送。最后,C公司只好为机房设备的吊装重新设计方案。C公司就新方案的实施引起的费用增加和工期延误向建设单位提出索赔。

根据《建设工程质量管理条例》的规定,工程承发包过程中的违法分包行为有哪些?

答案

参考答案:

根据《建设工程质量管理条例》的规定,违法分包行为主要有:

(1)总承包单位将建设工程分包给不具备相应资质条件的单位的;

(2)建设工程总承包合同中未有约定,又未经建设单位认可,承包单位将其承包的部分建设工程交由其他单位完成的;

(3)施工总承包单位将建设工程主体结构的施工分包给其他单位的;

(4)分包单位将其承包的建设工程再分包的。

阅读理解
阅读理解。
     New rules and behavior standards (标准) for middle school students came out in March. Middle
school is going to use a new way to decide who the top students are. The best students won't only have
high marks. They will also be kids who don't dye (染) their hair, smoke or drink. The following are some
of the new rules.
     Tell the truth. Have you ever copied someone else's work on an exam? Don't do it again! That's not
something an honest (诚实的) student should do. If you have played computer games for two hours in
your room, don't tell your parents you have done homework.
     Do more at school. Good students love animals and care for other people. April is Bird-Loving Month
in China. Is your school doing anything to celebrate (庆祝)? You should join! That way, you can learn
more about animals and how to protect them. When more people work together, it makes it more fun for
everyone.
     Have you ever quarreled (争吵) with your teammates when your basketball team lost? Only working
together can make your team stronger. Be friendly to the people you are with. Try to think of others, not
only yourself. 
     Be open to new ideas. Have you ever thought that people could live on the moon? Maybe you'll discover
Earth II someday. Don't look down on (轻视) new ideas. Everyone's ideas are important. You should
welcome them, because new ideas make life better for everyone.
     Protect yourself. Has someone ever taken money from one of your classmates? Don't let it happen to
you. If you have to go home late, you should let your parents know.
     Use the Internet carefully. The Internet can be very useful for your studies. But some things on the
Internet aren't for kids, so try to look at Web pages that are good for you. You can use the Web for fun
or homework. Can't you find any good Web sites for children? Here are some:
      http://kids.easyday.com       http://www.chinakids.net.com      http://www.cycnet.com
1. An honest student should _____.
A. tell the truth even when he is wrong.
B. copy someone else's work in an exam.
C. try to think of others,not only yourself.
D. quarrel with your teammates when your basketball team loses.
2. The main idea of the fourth paragraph is about _____.
A. making your team stronger
B. being strict with others
C. learning from each other
D. working together with others
3. Paragraph 5 tells students to _____.
A. live on the moon
B. discover Earth Ⅱ
C. look down on new ideas
D. be open to new ideas
4. Good Web sites for children can _____.
A. be a waste of time
B. make life much easier
C. help them with their studies
D. do homework for them
5. The school new rules will help kids by telling them _____.
A. how they can study well
B. what is right and what is wrong
C. what they should do at school
D. how they can protect themselves
单项选择题