The civil code has revised some provisions of the construction contract of construction projects and issued new supporting judicial interpretations.
6.
In combination with the bidding law and the regulations for the implementation of the bidding law According to the relevant provisions, the specific circumstances of invalidation of bid winning are as follows: if the bidding agency, in violation of the provisions of this law, divulges the information and materials related to bidding activities that should be kept confidential, or colludes with the tenderee and the bidder to damage the national interests, social and public interests or the legitimate rights and interests of others, and such behavior affects the result of bid winning, the bid winning shall be invalid.
Because of its long construction time span, many subcontracts and large targets, the risk management of construction activities is particularly important.
How to understand and apply the new law and accurately grasp the legal effect of the construction contract, we should pay special attention to the differences between the civil code and the old law, The author combines the interpretation of the Supreme People’s Court on the application of law in the trial of disputes over construction contracts of construction projects (I) [FA Shi [2020] No.
Construction projects often involve complex and changeable legal relations.
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Note: the contract is valid if the contractor obtains the corresponding qualification level before the completion of the construction project.
The contractor exceeds the qualification.
Alpha massive content legal database fast, quasi, full search experience to apply for Alpha, scan the two-dimensional code, contact Luigi Nono multi Author: Liu Jiabin source official account: Star Han micro court WeChat ID:ricc_ According to Article 788 of the civil code, construction project contract refers to the contract in which the contractor carries out the project construction and the employer pays the price.
It is divided into construction project survey contract, construction project design contract and construction project construction contract.
The tenderee discloses the bidding information, Or divulge the base bid price [relevant provisions] Article 1 of construction interpretation 1 stipulates that if the construction contract of a construction project has one of the following circumstances, it shall be deemed invalid in accordance with the provisions of paragraph 1 of Article 153 of the Civil Code: (3) the construction project must be subject to bidding but fails to bid or the bid is invalid.
Article 1 of construction interpretation 1 stipulates that if the construction contract of the construction project has one of the following circumstances, it shall be determined invalid in accordance with the provisions of paragraph 1 of Article 153 of the Civil Code: （3） If a construction project must be subject to bidding but fails to do so or the bid is invalid.
The bidding agency colludes with the tenderee and the bidder [relevant provisions].
The construction project must be subject to bidding without bidding [relevant provisions] Bidding Law Article 3 stipulates that the following engineering construction projects shall be carried out within the territory of China, including the survey, design, construction and supervision of the projects, as well as the procurement of important equipment and materials related to engineering construction, Bidding must be conducted: (1) large infrastructure, public utilities and other projects related to social and public interests and public safety; (2) projects invested or financed by state-owned funds in whole or in part; (3) projects financed by loans and assistance funds from international organizations or foreign governments.
3.
Construction interpretation 1 Article 1 stipulates that if the construction contract of a construction project is under any of the following circumstances, it shall be in accordance with the provisions of the first paragraph of Article 153 of the civil code, Determination of invalidity: (3) the construction project must be subject to bidding but fails to bid or the bid is invalid.
2.
[relevant provisions] construction interpretation I Article 4 stipulates that if a contractor signs a construction contract for a construction project beyond the business scope permitted by the qualification level and obtains the corresponding qualification level before the completion of the construction project, the people’s court will not support the request of the party concerned to deal with it according to the invalid contract.
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7.
Combined with the bidding law and the regulations for the implementation of the bidding law According to the relevant provisions, the specific circumstances of invalidation of bid winning are as follows: if the tenderee of a project subject to bidding according to law discloses to others the name and number of potential bidders who have obtained the bidding documents or other conditions related to bidding that may affect fair competition, or divulges the base bid price, and such behavior affects the result of bid winning, the bid winning shall be invalid.
25] (hereinafter referred to as “construction interpretation I”), the civil code, the bidding law and the regulations on the implementation of the bidding law According to the provisions of relevant laws and regulations, the situations of invalidity of construction contract of construction project are summarized as follows: Part I 14 situations of invalidity of construction contract 1 The contractor has not obtained the qualification of construction enterprise [relevant provisions] Construction Law Article 26 stipulates that a unit contracting construction projects shall hold the qualification certificate obtained according to law and contract projects within the business scope permitted by its qualification level.
Construction enterprises are prohibited from exceeding the business scope permitted by their qualification level or contracting projects in the name of other construction enterprises in any form.
An unqualified actual constructor borrows the name of a qualified construction enterprise [relevant provisions] Article 26 of the construction law prohibits a construction enterprise from allowing other units or individuals to use the qualification certificate and business license of the enterprise in any form to contract projects in the name of the enterprise Article 1 stipulates that if the construction contract of a construction project is under any of the following circumstances, it shall be in accordance with the provisions of the first paragraph of Article 153 of the civil code, Invalid identification: (2) the unqualified actual constructor borrows the name of a qualified construction enterprise.
Bidders collude with each other in bidding or with the tenderee in bidding, The bidder bribes to win the bid [relevant provisions] Article 1 of construction interpretation 1 stipulates that if the construction contract of the construction project has one of the following circumstances, it shall be deemed invalid in accordance with the provisions of paragraph 1 of Article 153 of the Civil Code: (3) the construction project must be subject to bidding without bidding or the bid winning is invalid..
Article 1 of construction interpretation 1 stipulates that if the construction contract of a construction project is under any of the following circumstances, it shall be in accordance with the provisions of paragraph 1 of Article 153 of the civil code, Invalid identification: (1) the contractor has not obtained the qualification of a construction enterprise or exceeds the qualification level.
