Therefore, in dealing with such cases, we should pay attention to and skillfully use the relevant provisions of the bidding law.
The construction is of great importance, even related to the safety of public life and property.
This actually constitutes illegal subcontracting and dismemberment of the contract.
However, there are many situations in which the construction contract of construction project is invalid due to illegal bidding and tendering, which are as follows: the project that should be bidding is not bidding; The tenderee divulges the base bid price; The bidder colludes to cheat and bid up the bid price, resulting in difficulty or inability to award the bid; The tenderee maliciously colludes with individual bidders to determine the bidder; In case of public bidding for national key construction projects and large-scale construction projects, there are less than three bidders for bid negotiation, and there are less than two bidders, etc.
Article 13 of the construction law stipulates that construction enterprises, survey units, design units and project supervision units engaged in construction activities are divided into different qualification levels according to their registered capital, professional technicians, technical equipment and completed construction project performance, and obtain qualification certificates of corresponding levels after passing the qualification examination, Only within the scope permitted by its qualification level can it engage in construction activities.
Article 24 of the construction law prohibits dismembering construction projects.
Article 3 of the bidding law stipulates that bidding must be conducted for the following construction projects, including survey, design, construction, supervision and procurement of important equipment and materials related to project construction: large infrastructure, public utilities and other projects related to social and public interests and public safety; Projects invested or financed by the state in whole or in part; Projects using loans or aid funds from international organizations or foreign governments.
In addition, Article 28 of the construction law prohibits contractors from illegally subcontracting or dismembering subcontractors.
3.
1.
Article 78 of the Regulations stipulates that the dismemberment of contract awarding as mentioned in these Regulations refers to the behavior of the construction unit dividing the construction project that should be completed by one contractor into several parts and awarding them to different contractors.
Therefore, the identification of subject qualification should be listed as the first work of the identification of contract effectiveness.
In addition, articles 50, 52, 53, 54, 55 and 57 of the bidding law also stipulate six situations of “invalid bid winning”.
In practice, it is mainly manifested in collusion and fraud in the bidding process.
Construction contracts signed by individuals or legal entities without corresponding qualifications, or by exceeding the qualification level or borrowing qualification, shall be strictly recognized as invalid contracts according to law.
A construction contract concluded by an actual constructor without qualification, lower than the qualification requirements of the corresponding level, or without qualification in the name of a qualified construction enterprise is invalid.
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It can be seen that only legal entities with corresponding legal qualifications are qualified to sign construction contracts with the construction unit.
At present, not all construction projects need bidding, so the parties have signed a construction contract, If the bidding link is ignored, the wrong identification of contract effectiveness is easy to occur.
It can be seen that although the construction project can be subcontracted, it can not be dismembered.
The regulations on the quality management of construction projects have made special provisions on how to correctly define the subcontracting and subcontracting behavior of contractors.
Construction contracts of construction projects that are illegally subcontracted or subcontracted shall be deemed as invalid contracts.
In terms of bidding, this is easy to be ignored in the handling of such cases.
If the winning bid is invalid, the construction contract of the construction project signed by the parties will also be invalid.
A construction contract for a construction project concluded by illegal bidding or tendering, or a construction project that must be subject to bidding without bidding, or there are other situations where the bid is invalid, shall be deemed as an invalid contract.
If the subject of the contract is not qualified, it should be deemed invalid.
2.
Therefore, whether the construction personnel have corresponding qualifications is particularly important.
However, in order to obtain greater benefits, some contractors divide their contracted projects into several small projects and subcontract them to other constructors, or the contractor subcontracts all the projects they undertake to others.
Article 272 of the contract law also has similar provisions on the prohibition of illegal subcontracting and subcontracting.
