Foreign Works Tender Responsibility Of The Commonwealth

To submit a tender in joint venture is a kind of effective bid way to build large-scale project. It has a lot of advantages and also has a lot of different special risks when a bidder submits a tender in joint venture instead of alone. How to solve this kind of special responsibility become the research contents of this text.According to the disputes presented on project with foreign factors which constructed in domestic, this article analysis the disputes producing because of joint venture in terms of bidder. Explain the difference between our current regulations and the custom rules in the world on one hand, and put forward a lot of improved suggestions on the other hand.Discussing responsibility includes disputes preventing and responsibility bear when disputes happened. So, the article has discussed since composition of the joint venture, choose the cooperative partner through the bidder, form the association and sign a contract as one party and try one's best to discuss in detail in the construction course of the project. The article explains the difference between responsibility and the risk, explain the relationship between claim and responsibility bear, the purpose is to define the range of responsibility. Two kinds of disputes existing in submitting a tender in the form of join venture: Liability for breach of contract and liability for tort, each production of responsibility according to different, bear way to be different even. The liability for breach of contract is taking two agreements as preconditions: Cooperative agreement and the agreements signed between the joint venture and the bidder. According to the bid procedure the liability for breach of contract is divided into three stages: pre-qualification stage, bid stage, signed and fulfilled the contract stage. The emergence of the liability for tort mainly appears in two fields: Limit the competition field and intellectual property right field. The principle of prevented and sharing has put forward according to the characteristics of each field.