Research On Legal Issues Of Public Works Joint Contracting

According to Article 27 of the Building Law of the People’s Republic of China(hereinafter referred to as the Building Law).More than two contracting units may jointly contract projects.The state encourages more than two contracting units to contract projects through joint contracting in the form of laws.The aim is to optimize and integrate the superior resources of each contractor.To meet the construction needs of large-scale construction projects or complex structures.At the same time,domestic contractors and foreign contractors are encouraged to undertake joint contracting,so as to introduce foreign advanced technology and management experience.However,the provisions of the current law on joint contracting are not exhaustive enough,resulting in many disputes in practice.Individual issues are not regulated by law,resulting in different judgments between courts.With the increasing use of joint contracting in engineering,it is necessary to improve the joint contracting system.The aim is to provide better guidance for practice.It should be pointed out that joint contracting may exist in any project.The purpose of this paper is to discuss several typical legal issues arising from joint contracting in public works.Starting from the existing research results and combining with practical cases,this paper makes a discussion.By observing and comparing the regulations and practices of joint contracting in Taiwan,we can find out the solution.This paper focuses on the internal and external legal relations of joint contracting.Its internal relationship belongs to partnership.External relations are jointly and severally liable to the contractor.The article is divided into three parts.The first part mainly analyses the characteristics and nature of joint contracting.By analyzing the provisions of the current law on joint contracting,four characteristics of joint contracting are summarized.Secondly,by comparing the advantages and disadvantages of the current mainstream theories in China,this paper puts forward the views on the nature of joint contracting.It also points out that the nature of joint contracting is partnership.The second part mainly discusses the replacement of members.If the joint contract replaces its members after pre-qualification,its tender shall be invalid.If the joint contract applies for the replacement of its members after the commencement of the project,the Contractor shall not refuse without reasonable reasons.The qualifications of the replaced members shall be no less than those of the replaced members.With the help of the provisions of Articles 10 and 11 of the "Joint Tender Measures" in Taiwan,this paper explores practical and feasible methods.The third part mainly discusses the joint and several liability of the joint contractor.The joint contractor is jointly and severally liable to the developer.Therefore,when an individual member of a joint contract is unable to perform the contract,the contractor may not directly confiscate the deposit submitted by the non-performing member.In addition,the joint Contractor shall not be jointly and severally liable to its subcontractors.Where an individual member signs a subcontract with a subcontractor in his own name,the subcontractor can only claim rights from that member.The Contractor shall be liable within the scope of the arrears in payment of the project.