工程总承包模式联合体法律问题研究

Research on the Legal Problems of the Consortium in General Contracting of Engineering

我国从国家法律、国务院法规以及地方性法规三个层面对联合体投标的组成形式、资质要求、责任划分原则和协议签订作出了相应规定,但在工程实施过程中因联合体法律特征及法律性质未予以明确,同时亦缺乏相应的法律规定,导致实践中存在较多亟须解决的问题。从联合体承担连带责任对象不明确、联合体承包各省要求差异、同一专业资质等级较低原则的理解三方面,探讨实践中存在的问题及解决措施,最后提出了个人建议。

Our country has made corresponding regulations on the form, qualification requirement, responsibility division principle and agreement signing of joint venture bidding from three aspects of national law, State Council regulations and local regulations. However, in the course of project implementation, due to the unclear legal characteristics and nature of joint venture, and the lack of corresponding legal provisions, there are many problems that need to be solved urgently in practice. In this paper, the problems and solutions in practice are discussed from three aspects: the unclear object of joint and several liability of the consortium, the different requirements of the consortium contracting provinces, and the understanding of the principle of lower qualification level of the same profession. Finally, personal suggestions are put forward.