The Study Of Priority Of The Tender And Bid Document Under The Principle Of Law Consistency

As the specific files formed in the bidding process,the tender and bid documents are the basis for the signing of the contract.They determine the scope of work,quality,time limit,construction price,etc,as well as the rights and obligations between the contracting parties,through the competition mechanism in the bidding process.The tender and bid document determine the basic content of the contract,to be the foundation of a contract when signing.Contract is a specification of the rights and obligations between the parties concerned.As the contract documents,the priority of the tender and bid document,affects the interest of the parties to the contract and the construction of the engineering.From the legal point of view,basing on the principle of law consistency,this paper discusses the priority of the tender and bid document.Papers to the disscussion on the carrier of being the part of the priority of contract documents,and analyze its legal effect which the priority of the tender and bid document as a whole to be the term of the contract.On this basis,from the legal point of view,this paper deduces the priority between the tender and bid document.Firstly,basing on the above-mentioned idea,we defines contract documents and the effectiveness of interpretation,puts forward the judgment of the interpretation's effectiveness should virtue of legal means.And it puts forward the principle of law consistency under the legal system of construction.Secondly,referring on the theory about the priority of documents in the contract conditions of FIDIC and the Sample of PRC's Civil Engineering Contracts for Construction,we put forward that the idea should embody the essence of justice and the principle abiding by the priority of document.On the concept,raising the priority of documents as the contract content in effective should meet the idea,and puts forward the irrationality of the tender documents as the contract documents.In practice,the terms of the contract that the tender document's legal authority is higher than the bid documents,causing the conflict of laws,and under the limit of the principle of law consistency,the term of the contract is invalid provision.Finally,from the reverse aspect,under the condition of substantive response tothe bidding document,we argument that on the substantial content the interpretation's effectiveness of the bid documents is higher than the tender document.As the term of contract conforms the principle of law consistency,we demonstrant that the thesis has the legal effect.At last,the paper analyzes and sorts the thesis through the project case.