bid-winning notification;culpa in contrahendo;liability for breach of contract;factual contract;substantive content;offer and acceptance ,"/> <p class="a" style="text-align:justify;"> Discussion on Legal Nature of Bid-Winning Notification and Liability for Damaging Bid In Engineering <p class="a" align="left" style="text-align:left;text-indent:26.25pt;"> —and on Current Situation and Problems in the Implementation of China's Bidding Law

Ethylene Industry ›› 2022, Vol. 34 ›› Issue (2): 8-11.

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Discussion on Legal Nature of Bid-Winning Notification and Liability for Damaging Bid In Engineering

—and on Current Situation and Problems in the Implementation of China's Bidding Law

Liu Pengcheng   

  1. SINOPEC Engineering Incorporation, Beijing, P.C.100101
  • Received:2022-02-17 Revised:2022-06-08 Online:2022-06-25 Published:2022-06-28

Abstract:

Whether a bid-winning notification issued has the legal effect of concluding a contract has long been debated, and there is no final conclusion at present. To judge whether a contract is concluded after the bid-winning notification is issued, specific analysis shall be made according to the contents of the contract and the actions taken by both parties. Only when the contents of the bid-winning notification meet the acceptance conditions stipulated in the Civil Code of the People’s Republic of China and the successful bidder has started work in accordance with the requirements of the bid-winning notification, an acceptance is constituted and the contract is concluded.

Key words:

')">"> bid-winning notification;culpa in contrahendo;liability for breach of contract;factual contract;substantive content;offer and acceptance