Research On Several Legal Matters In Biding And Tendering Construction Projects

"The law of biding and tendering" of the people's republic of China , called as "the sunlight bill" in investment and construction industry, implemented officially since January 1, 2000, has played a positive role of reorganizing our national construction market, regulating tendering and biding. But because in the project construction the power of final decision-making is still monopolized by the minority, in addition the transaction between authority and money, the administrative intervention, the artificial operation, "the red bag" (money put in a red envelop as bribe or something) competition, power and sex exchange and so on, many improper competitions and unregulated behaviors still exist during tendering and biding. The problem of chaotic construction market has not been solved fundamentally, with the prominent problems existing in tendering and biding particularly. Some construction companies and the supervised departments release tender against "The law of biding and Tendering" and stipulation, lacking corresponding supervise and control mechanism, drifting away from supervising and managing, and adopt various methods to dodge the tender; Some industries and the monopoly departments violates the main routine and relevant laws and regulations of project construction, without following the right construction management procedure, dodging tenders, resisting surveillance, particularly operating internally in an enclosed manner. Qualification checks and examinations to some reconnaissance companies, design companies and construction companies are not strict. This leads to some unqualified construction company entering into construction market to undertake project, which buries the hidden danger for the construction projects quality; Some construction company still subcontract, sub-subcontract, illegal sublet, construct under other company's name, and are in cahoots bid. Some construction company transfer, lend Qualification Certificate or Practice Qualification Certificate. Those problem such as cheating on labor and materials, doping cause the vacation, create hidden quality danger of the project and accident sometimes; The construction fund is not at place, which cause the delay of project funds and laborers' wages and initiate a series of economic and social problems;? Some construction companies force the construction subcontractor to sign "Yinyang Contract" (two sets of contract, one is for internal use, called yin; while another one is used for government purpose, called yang.) for pursuing their own benefits, dodging government supervising and managing.The existence of these problems reflect that the main parties of construction market do not follow the law existed with light legal system consciousness; on the other hand also reflect the surveillance is not at place, the supervision from different industries to construction market is not good.The article will focus on the tendering and biding of construction projects, combining prominent problems existed in our country tendering and biding, elaborate the consummation of tendering and biding legal system and discuss the legislation, from the aspects such as the way of non-standard tendering and biding practice, reason of occurring, and solutions and so on.There are four sections in the document. The abstract is as follows:1. The legal issues related to tendering and biding.It summarizes the legal relationship of tendering and biding, and the main body of construction project tendering and biding and its right and duty, and analyzes the responsibility legal nature in the construction projects tendering process.2. Non- safeguard of project fund and imperfect legal system.The construction fund is not at place, which cause the delay of project funds and laborers' wages and initiate a series of economic and social problems. Some solution is provided to such issues and legal system consummation.3. Yinyang Contract phenomenon and solutionsIt analyses the fundamental reason of "Yinyang Contract" and the dilemma in law, and provides solutions.4. Inappropriate competition in construction projects tendering and biding process.It elaborates the existence of industry monopoly and local protectionism in tendering and biding, the way of limiting with unreasonable conditions or limited competition with repelling potential tender, colluding tendering, and proposes the establishment of legal framework of protecting competition order in a coordinated operation as soon as possible.