Research On Legal Responsibility Of Refusal To Sign A Contract After The Issuance Of A Bid-winning Notice For A Construction Project

Since the introduction of the competitive contracting method——the bidding system which is widely used in capitalist countries,it has been widely used in the field of construction in China.While promoting the development of the industry,due to the lack of clear and perfect legal responses,the bidding system has caused great controversy during the operation process,and new contradictions emerging in.practice have gradually received attention.For example,in practice,the refusal to enter into a written construction project contract due to a party's regret or abandonment of the bid after the issuance of the bid-winning notice has repeatedly occurred,which has a significant impact on the order and development prospects of China's construction field.As for the legal liability of this act,China's legislation does not provide a clear answer,so it needs to be further properly resolved.This article starts with two typical cases of contracting fault liability and breach of contract liability in judicial practice,analyzes and compares the two cases,and then explores the root cause of the differences.Furthermore,it is proposed that after the issuance of the bid-winning notice,the precontract theory should be used to consider the effect of the contract reached by both parties.On this basis,the legal liability for refusing to sign the written contract should be the liability for breach of bid-winning precontract.This paper consists of five parts including the preface.The preface includes three aspects:research background and significance,literature review and research methods.The first part of the text is the basic background of this article.It discusses the situation in judicial practice in which similar or even the same cases result in two apparently different judgment results:liability for contracting fault and liability for breach of contract.The second part of the text puts forward the nature of the dispute,and points out that there are currently four types of opinions on the effect of the contract after the issuance of the bid-winning notice.When each type of opinion corresponds to the issue of legal responsibility,it has a different way of thinking.Then leads to the theme of this article and the argument that the legal responsibility for refusal to sign a written contract should be the liability for breach of bid-winning precontract.The third part of the text is the construction of the author's point of view:It is more appropriate to think about the effect of the contract after the issuance of the bid-winning notice with the precontract,and the legal liability for refusing to sign the written contract should be the liability for breach of bid-winning precontract.To demonstrate the precontract nature of the bid-winning notice and its "shall be concluded" effect from these aspects:the conditions of precontract establishment and the type of its effectiveness.At the same time,due to the special procedural,open,and serious nature of the bidding activity itself,which is related to the stability of the basic social livelihood construction,in the construction of the system of liability for breach of bid-winning precontract,special emphasis should be placed on the continue to perform.A responsibility system based on continue to performe and supplemented by other forms of responsibility,such as deposits,damages and termination of contracts,has been formed.Finally,the fourth part of the text is the conclusion of this article.In this part,the author explains the necessity and urgency of the research and discussion of this topic,and suggests that China speed up the construction of a precontract system to use the principle of precontract to solve problems such as bidding contracting in reality.In terms of legislation,the legal responsibility for refusing to sign a written contract after the issuance of the bid-winning notice should also be clarified,and the premise of legal responsibility——the effect of the contract after the issuance of the bid-winning notice,should also be resolved.This is to respond to the disputes in the theoretical world and judicial practice,and to maintain legal unification and good order in the field of construction project bidding.Based on comprehensive practical and theoretical analysis,this article believes that the legal liability of any party that refuses to sign the written contract after the issuance of the bid-winning notice shall be the liability for breach of bid-winning precontract.In addition,in terms of specific forms of responsibility,based on the"shall be concluded" effect of the bid-winning precontract and the particularity of the construction project bidding field,the way of continue to perform should be strengthened.