| While the establish and the validity of the construction contract in the bidding process in China has a lot of researching and talking, but there is still no agreement acceptable to most people. For the establish of the contract, doctrinal generally believed that before the signing of the written contract after winning notice is issued, the contract has been established. The practice is generally believed that the contract has not yet been established. For the validity of the contract, after the introduction of the construction contract disputes judicial interpretation, the practice has done a lot of discussion and research, but on this issue and there is no clear understanding of the theoretical boundaries.In addition to the introduction, the paper is divided into five chapters:Chapter I introduced the case of the Xinjiang six built v. Tiantong construction contract disputes. The case was referred by the Supreme People’s Court of Final Appeal. The problem discussed is, whether the written contract before tendering procedure is effective, which made the object of studying.Chapter II studied the establish of the contract in the tendering program. Section I discusses the application of the appointment system to the bidding process to be reasonable. Section II analysis of the various constituent elements of the tender appointment to meet elements an appointment constituent. Section III analyzed appointment system to explain the tendering procedure, believed that a bidding procedure includes a tendering appointment and a major contract. After winning notice is issued, before the written construction contract is signed, tender set up an appointment relationship with bidder.Chapter III studied the effectiveness of the tendering appointment. Section I is specific analysis of the effectiveness of the appointment. Section II is analyzed on the basis of the first section of the tendering appointment, is a kind of contracting obligation appointments.In the project of required bidding, tendering appointment with the contact has been Bidding strengthened.Chapter IV studied the validity of the contract in the tendering procedure. The first three sections studied three types of bidding procedures affect the validity of the contract in the project of required bidding. For black-and-white contract situation, the author believes that in addition to price shall be paid in accordance with the white contract settlement, the judgment of the validity of the contract is inconclusive. In the situation of bid but invalid, the author believes that the contract shall have no legal effect. For substantive changes to the supplemental agreement, the author believes that it should not belong to the engineering change, so it should not be used as the basis of the contract settlement. While in the project of not required bidding, the authors believe that the tendering procedure, generally will not have an huge impact on the validity of the contract.Chapter V studied several common construction guarantees in the tendering procedure. Section Ⅰ studied that Bid security should be a particularly special way of security under the law. Bid bond guarantees entered into the process and compliance processes of appointment. Section Ⅱ and Section Ⅲ studied the performance bond and performance guarantee letter. The performance bond and performance guarantee letter guarantee about the performance of the main process.Conclusion summarizes the core content of this article. A bidding procedure includes a tendering appointment and a major contract. In the project of required the bidding and the project of not required the bidding, tendering appointment as an appointment has different degrees of impact on the establishment and effectiveness of the construction contract. Accordingly, engineering guarantees are more special than ordinary guarantees. Finally, the author expected the application of appointment to the tendering procedure plays a reference role of the practice of the tendering law system in our country. |
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