The construction contract signed by company a, company B and Qianjiang municipal government on relevant projects does not stipulate the payment time of project funds, so the agreement on the payment time of project funds in the above contract should be unclear.
Later, company a signed construction contracts with company B and the leading group office on the project involved in the case.
In the case that the bidding documents involved in the case do not include the main terms of the contract, the statement on the source of funds or payment method in the bidding announcement cannot become the binding agreement of the parties, nor can it be deemed that both parties have reached an agreement on the payment time of project funds in the relevant contract.
1.
Company a and company B discuss the new urban area Dongjing apartment extranet installation project, Hedong Nanyuan apartment municipal extranet installation project, new urban area farmers’ apartment community supporting electrical engineering line repair, new urban area fanxin farmers’ apartment fire extranet installation project, Hedong Beiyuan farmers’ apartment fire extranet installation project, Daihu farmers’ apartment fire extranet installation project, Dongjing farmers’ apartment fire extranet installation project The construction contract signed for the municipal fire external network installation project of Hedong Nanyuan apartment and the municipal water supply pipe network project in the new urban area stipulates that the project payment shall be carried out in accordance with the terms of the large contract signed between Party B and the government.
Company a promises in the bidding document that “if our company wins the bid, our company will fully accept and respond to all contents specified in the main contract terms of the bidding document and earnestly perform its rights and obligations”.
For non substantive contents other than project scope, construction period, project quality and project price, the true intention of the parties shall prevail.
If the time for payment of the project price is not stipulated in the construction contract concluded by the tenderee and the successful bidder in accordance with the bidding documents and the bid documents of the successful bidder, but the bidding documents stipulate the time for payment of the project price, it shall be based on the provisions of the bidding documents.
There are fixed procedures and clear requirements at each procedure stage.
After signing the agreement, Qianjiang municipal government instructed company B and a construction leading group office in Qianjiang City (hereinafter referred to as the leading group office) to issue a bidding announcement on the project involved in the case.
01 main purpose of the judgment under the condition that the construction contract of the construction project is valid, the scope of work, construction period, project quality, project price and other substantive contents of the construction contract of the construction project shall be subject to the bidding documents, bidding documents and notification of award.
The construction contract of construction project signed by company a, company B and Qianjiang municipal government does not include the bidding announcement as an integral part of the contract documents.
Company a tendered for the project involved in the case and won the bid.
Company B and Qianjiang municipal government attached “Chapter IV contract terms and forms” to the bidding announcement provided for fanxin village farmers’ apartment project, Qianjiang planning exhibition hall, Hedong Beiyuan farmers’ apartment project, fanxin village, Hedong Beiyuan and Daihu farmers’ apartment municipal and community supporting projects in the new urban area, and “chapter IV contract terms and forms” were not attached to the bidding documents provided for other projects.
On November 3, 2011, company a signed the investment and construction cooperation agreement of Qianjiang new urban area with Qianjiang municipal government, making clear agreements on the cooperation mode of land consolidation and public construction projects in Qianjiang new urban area, Hubei Province.
2.
The time for payment of the project price has been agreed in the bidding documents involved in the case.
The contents on the source of funds and payment method in the bidding announcement issued by company B and the leading group office shall not constitute the contract agreement.
The first paragraph of Article 19 of the bidding law stipulates: “the tenderee shall prepare the bidding documents according to the characteristics and needs of the bidding project.
In addition to the construction contract of Qianjiang City Cultural Heritage Center A and Qianjiang City Cultural Exchange Center B, the construction time of Qianjiang City Cultural Heritage Center A and Qianjiang City Cultural Exchange Center was agreed with the leaders of Qianjiang City Cultural Heritage Center B The construction project construction contract signed by Qianjiang comprehensive administrative service center and the construction project construction contract signed by company a and company B on the municipal and community supporting projects of a village farmers’ apartment, Qianjiang planning exhibition hall, Hedong Beiyuan farmers’ apartment, fanxin village, Hedong Beiyuan and Daihu farmers’ apartment have not agreed on the completion payment and final settlement payment.
Company a, the appellant, believes that it is a mistake to determine the payment method in the bidding announcement issued by the appellee as the payment time in the first instance judgment.
The bidding documents shall include all substantive requirements and conditions such as the technical requirements of the bidding project, the standards for the qualification examination of bidders, the requirements for bid quotation and bid evaluation standards, as well as the main terms of the contract to be signed..
As a part of the bidding documents, the bidding announcement cannot constitute a contract document.
According to the judgment opinion of the supreme law, the construction contract of the construction project is concluded through bidding.
The above commitments are the response and acceptance of the main terms of the contract in the bidding documents.
02 slide the case index upward to check the main focus: whether the agreement on the time of payment of project funds in the project bidding documents involved in the case is effective.
This clause takes the income from the land transfer of the new urban construction project in Qianjiang City, Hubei Province as the source of project payment, which also violates the mandatory provisions of the budget law of the people’s Republic of China, the regulations for the implementation of the budget law of the people’s Republic of China and the measures for the administration of revenue and expenditure of the transfer of state-owned land use right, and shall also be invalid.
The “Chapter IV contract terms and forms” attached to the payment method in the bidding announcement of fanxin village farmer’s apartment and other projects belongs to the standard terms, and its contents are invalid if the party providing the standard terms exempts itself from liability, increases the other party’s liability and excludes the other party’s main rights.
Most of the construction contracts signed by both parties have not agreed on the payment time or the agreement is unclear.
In conclusion, it is wrong for the court of first instance to recognize the agreement on the source of funds or payment method in the bidding announcement as the content of the contract.
