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The Xingguo County 2017 Standard Factory Building Elevator Procurement and Installation Project has met the procurement requirements. Jiangxi Provincial Construction Engineering Group Co., Ltd. hereby invites suppliers with the corresponding qualifications and capabilities to participate in competitive negotiations. Qualified suppliers are welcome to participate. 1. Project Number: JXJG2018-XG-001 2. Procurement Content: Product Name Quantity Content Budget Elevator 12 units See equipment list for details 2,568,200 RMB 3. Supplier Qualification Requirements: 1) A corporate entity with the capacity to independently assume civil liability; 2) No major illegal record in business activities in the three years prior to participating in the procurement activities; 3) Provide the elevator manufacturer's "People's Republic of China Special Equipment Manufacturing License", traction passenger elevator A-level qualification, and above quality and technical supervision department-issued special equipment (elevator) installation/maintenance B-level and above license; 4) If the goods offered are not manufactured by the bidder themselves, a unique authorization letter from the elevator manufacturer with traction passenger elevator A-level qualification for this project (specifying the project name and tender number) is required; 5) This project does not accept joint ventures to participate in competitive negotiations. 4. Interested suppliers can purchase the negotiation documents from June 19, 2018, to June 26, 2019, on the fifth floor of Jiangxi Construction Building. The price of the negotiation document is 200 RMB per copy and is non-refundable. 5. Documents that suppliers must submit when purchasing negotiation documents: 1) Copy of business license (copy with company stamp); 2) Unit introduction letter or legal representative authorization letter; 6. The deadline for submission of negotiation response documents and the time for competitive negotiation is July 5, 2018, at 9:30 AM (Beijing time). At that time, please have the legal representative or officially authorized representative of the supplier attend. 7. The submission location and negotiation location of the negotiation response documents are in the fifth-floor meeting room of Jiangxi Construction Building. Purchaser Name: Jiangxi Provincial Construction Engineering Group Co., Ltd. Contact Person: Mr. Wu Contact Number: 0791-86380671 Address: 5th Floor, No. 956, Beijing East Road, Nanchang City, Jiangxi Province Postal Code: 330029 Account Name: Jiangxi Provincial Construction Engineering Group Co., Ltd. Bank: Construction Bank Nanchang Railway Branch Account Number: 36001050300059666666
2018/06/19
Jiangxi Network Broadcasting Television Station News On the morning of April 26, Jiangxi Province held a celebration of the May 1st International Labor Day and the commendation conference for the May 1st Labor Awards in Nanchang. At the meeting, Jiangxi Provincial Construction Engineering Group Co., Ltd. won the "Jiangxi Provincial May 1st Labor Award", and Li Wenxin, from the first construction company of Jiangxi Construction Engineering Group, won the honorary title of "Jiangxi Provincial May 1st Labor Medal".
2018/04/28
On April 2, 2018, news broke on the Lokmat Times news website in New Delhi, India, reporting that Jiangxi Construction Engineering Group and local company Rudranee would jointly construct an infrastructure project worth 8.5 billion rupees in Maharashtra, India, and that the Indian Minister of Road Transport and Highways, Nitin Gadkari, met with the chairman of Jiangxi Construction Engineering Group, Li Ping. This marked the finalization of the bid results for three road projects in the South Solapur region of Maharashtra, India, jointly bid for by Jiangxi Construction Engineering Group and Rudranee Infrastructure Limited.
2018/04/16
According to Jiangxi Radio and Television, on April 8, 2018, at 2:30 PM, a contract signing ceremony for the Jiangxi Provincial Elderly Care Service Center Construction Project PPP project, implemented by the Seventh General Contracting Engineering Company of Jiangxi Construction Group Corporation, was held in the first meeting room on the 14th floor of the Jiangxi Provincial Department of Civil Affairs.
2018/04/09
China Daily Website: Jiangxi Construction's India market development achieves another success -- Jointly winning a bid for a highway project worth 670 million RMB
2018/04/09
Judicial Rules on Liability for the Lending and Leasing of Qualifications in Construction Contract Disputes Understanding and Application of "Judicial Interpretation (II) on Construction Projects" Article Interpretation Judicial Interpretation (II) on Construction Engineering Contracts Article 4: [Liability for Lending Qualifications] If a unit or individual lacking qualifications borrows the name of a qualified construction enterprise to sign a construction engineering contract, and the contracting party requests that the lender and borrower bear joint and several liability for losses caused by the lending of qualifications, such as substandard construction quality, the people's court should support the request. Supreme People's Court View I. Identification and Determination of Qualification Lending and Leasing In the construction industry, "qualification leasing" refers primarily to enterprises, organizations, individual businesses, partnerships, or individuals lacking the necessary qualifications or possessing lower-level qualifications who, for profit, use the name of another enterprise with the appropriate or higher-level construction qualifications to undertake construction projects. The precise legal term for "qualification leasing" is "borrowing qualifications." According to Article 26 of the Construction Law, transferring, lending, or otherwise allowing others to use a unit's name to undertake construction projects is considered to be borrowing qualifications or qualification leasing. Based on the relevant legal provisions, judicial interpretations, and industry practice, the main manifestations of qualification leasing include, but are not limited to: (1) an actual contractor lacking qualifications using the name of a qualified construction enterprise; (2) a construction enterprise allowing another unit or individual to use its qualification certificates, business licenses, or other materials in its name to undertake projects; (3) a construction enterprise borrowing the name of another to undertake projects; (4) an enterprise with a lower-level qualification borrowing the name of an enterprise with higher-level qualifications to undertake projects; (5) enterprises with matching qualification levels borrowing each other's names to undertake projects. While the manifestations of qualification leasing are diverse, they are often highly concealed and appear legal, actually circumventing legal regulations and making identification difficult for judicial practice. Because qualification leasing has long existed in China's construction market, with diverse manifestations, accurately determining it is not easy. Judicial practice mainly identifies qualification leasing from both judicial and administrative management perspectives. From a judicial perspective, the Supreme People's Court has not prescribed how to determine qualification leasing, but some local courts, in the form of guiding opinions, have explored some determination standards based on the legislative spirit of the Contract Law and the Construction Law and relevant departmental regulations, combined with trial practice. (Note: For example, according to the "Answer to Several Difficult Questions on the Trial of Construction Engineering Contract Dispute Cases" issued by the Beijing Higher People's Court: "The following situations should be considered "leasing": (1) individuals, partnerships, or enterprises that do not have the main qualifications for construction activities undertaking projects in the name of a construction enterprise that does have such qualifications; (2) construction enterprises with lower-level qualifications undertaking projects in the name of those with higher-level qualifications; (3) construction enterprises that do not have general contracting qualifications undertaking projects in the name of construction enterprises that do; (4) qualified construction enterprises allowing others to undertake projects in their names through nominally joint ventures, cooperation, internal contracting, or other means." Article 4 of the "Guiding Opinion of Jiangsu Provincial High People's Court on Construction Engineering Contract Disputes" (2008) stipulates: "The following circumstances should be considered as the actual contractor lacking qualifications using the name of a qualified construction enterprise: (1) individuals, partnerships, or enterprises lacking the main qualifications for construction activities undertaking projects in the name of a qualified construction enterprise; (2) construction enterprises with lower-level qualifications undertaking projects in the name of those with higher-level qualifications; (3) construction enterprises lacking general contracting qualifications undertaking projects in the name of construction enterprises that have such qualifications; (4) qualified construction enterprises using other illegal methods to allow others to undertake projects in their names." Article 5 stipulates: The following circumstances between contractors can be considered as leasing: (1) no asset ownership relationship between each other, that is, no transfer of assets in the form of shares, etc.; (2) no unified financial management, independent or disguised independent accounting; (3) no personnel appointment, transfer, and employment procedures that meet the requirements; (4) other circumstances stipulated by laws and administrative regulations.) Although the regulations of various high courts on the determination of "leasing" are different, their main characteristics can be summarized as two core elements: first, the leasing party lacks qualifications or exceeds its qualifications, and has no labor or subordinate relationship with the leased party; second, the leasing party undertakes the project in the name of the qualified leased party to circumvent qualification restrictions. Whether or not the leased party charges "management fees" or "leasing fees" is not an element in the determination of "leasing." From the perspective of construction administrative management, the "Provisional Measures for the Identification and Handling of Illegal Acts such as Subcontracting and Illegal Subletting in Construction Engineering Construction" (2014), implemented on October 1, 2014, provides specific regulations on how to identify "leasing", which is of certain reference value. (Note: Article 11 of the "Provisional Measures for the Identification and Handling of Illegal Acts such as Subcontracting and Illegal Subletting in Construction Engineering Construction" stipulates: "The following circumstances constitute leasing: (1) units or individuals lacking qualifications borrowing the qualifications of other construction units to undertake projects; (2) qualified construction units mutually borrowing qualifications to undertake projects, including those with lower-level qualifications borrowing from those with higher-level qualifications, those with higher-level qualifications borrowing from those with lower-level qualifications, and those with the same qualification levels borrowing from each other; (3) the contracting unit of professional subcontracts is not the general contractor or professional contractor of the project, except when the construction unit serves as the contracting unit under the contract; (4) the contracting unit of labor subcontracts is not the general contractor, professional contractor, or professional subcontractor of the project; (5) among the project managers, technical managers, quality managers, and safety managers dispatched by the construction unit to the construction site, one or more have not signed labor contracts with the construction unit or have not established labor wage or social pension insurance relationships; (6) there is no payment relationship between the actual general contractor or professional contractor and the construction unit, or the unit stated in the payment voucher is inconsistent with the contractor in the construction contract and cannot be reasonably explained and proved with materials; (7) the main construction materials, components, and engineering equipment or leased construction machinery equipment agreed upon by the contract are purchased or leased by other units or individuals, or the construction unit cannot provide relevant purchase, lease contracts and invoices, and cannot be reasonably explained and proved with materials; (8) other leasing behaviors stipulated by laws and regulations.") (Excerpt from "Understanding and Application of the Supreme People's Court's Judicial Interpretation (II) on Construction Engineering Contract", edited by the First Civil Division of the Supreme People's Court, People's Court Press, 2019 edition.) II. Litigants in Qualification Leasing Cases Judicial practice mainly involves the following situations: (1) The contractor initiates a lawsuit regarding project quality According to Article 54 of the Interpretation of the Civil Procedure Law and Article 25 of the Judicial Interpretation (I) on Construction Projects, if a contractor files a separate lawsuit against the construction enterprise that lent qualifications (the leased party) or the actual contractor that borrowed qualifications (the leasing party) due to the quality of the construction project, the people's court should add the contractor that borrowed qualifications or the leased party as a litigant to participate in the lawsuit. That is, if a dispute over the quality of the construction project arises between the actual contractor that borrowed qualifications and the contractor, both the leasing party and the leased party should be joint litigants and bear joint and several liability to the contractor. (2) The leasing party initiates a lawsuit regarding project payments If the leasing party files a joint lawsuit against the contractor and the leased party or a separate lawsuit against the contractor to claim outstanding project payments, according to Article 26 of the Judicial Interpretation (I) on Construction Projects (Note: Article 26 of the Judicial Interpretation (I) on Construction Projects stipulates: "If the actual contractor sues the subcontractor or illegally subcontracted party, the people's court shall accept the lawsuit according to law. If the actual contractor sues the contractor and claims rights, the people's court may add the subcontractor or illegally subcontracted party as a party to the case. The contractor is only responsible to the actual contractor within the scope of outstanding project payments."), to ascertain the facts and clarify responsibilities, the leased party should be added as a litigant to participate in the lawsuit. That is, in this case, the contractor and the leased party should be joint litigants. According to the principle of contractual relativity, the rights and obligations of a contract only arise between the contracting parties and are legally binding only on the contracting parties, not on others. Since there is no contractual relationship between the contractor and the actual contractor (leasing party), and they are not contracting parties, there seems to be no legal relationship between the two. However, Articles 25 and 26 of the Supreme People's Court's Judicial Interpretation (I) on Construction Projects break through the principle of contractual relativity and allow the leasing party to claim rights as an actual contractor. (Note: Here it should be noted that the leasing party's lawsuit is based on Article 26 of the Judicial Interpretation (I) on Construction Projects. This article aims to protect the interests of the actual contractor (actually, to protect the interests of migrant workers), breaking through the contractual relativity and allowing the actual contractor to sue the contractor. However, paragraph 1 of this article stipulates that "if the actual contractor sues the subcontractor or illegally subcontracted party, the people's court shall accept the lawsuit according to law," and paragraph 2 stipulates that "if the actual contractor sues the contractor and claims rights, the people's court may add the subcontractor or illegally subcontracted party as a party to the case", which does not stipulate the case of leasing, seeming to exclude leasing. In fact, according to Article 4 of the Judicial Interpretation (I) on Construction Projects, the leasing party also belongs to the actual contractor. The drafters of the Judicial Interpretation (I) on Construction Projects also believe that the actual contractor in this interpretation refers to "the contractor of an invalid contract, such as a subcontractor, a contractor of an illegally subcontracted contract, a contractor who borrows the name of a qualified construction enterprise without qualifications to sign a construction engineering contract with others." See "Understanding and Application of the Supreme People's Court's Judicial Interpretation of Construction Engineering Contracts", edited by the First Civil Division of the Supreme People's Court, People's Court Press, 2015 edition, p. 181.) Article 26 of the Judicial Interpretation (I) on Construction Projects adds the subcontractor or illegally subcontracted party as a party to the case, "which can facilitate the clarification of the facts of the case and the clarification of the responsibilities of the parties, and also facilitates the actual contractor in exercising their rights." (Note: "Understanding and Application of the Supreme People's Court's Judicial Interpretation of Construction Engineering Contracts", edited by the First Civil Division of the Supreme People's Court, People's Court Press, 2015 edition, p. 182.) Therefore, in handling cases involving leasing relationships, the leased party can also be added as a party to the case as a joint defendant to facilitate the clarification of the facts of the case. (3) A third party initiates a lawsuit due to overdue rent or material payments If a third party sues the leasing party due to overdue rent or material payments owed by the leasing party, or files a joint lawsuit against the leasing party and the leased party, it should be determined who the leasing party signed the contract with to determine the parties. If the leasing party only signed the contract in its own name, according to the principle of contractual relativity, the leasing party should be the defendant. If the leasing party argues that it is an official act, the leased party should be added as a party to ascertain the facts and clarify the responsible party. If the leasing party clearly signed the contract in the name of the leased party, both the leasing party and the leased party are joint parties. (4) A third party initiates a tort compensation lawsuit due to the collapse of a building If a building collapses during construction, causing harm to a third party, and the third party sues the contractor and the leased party, the leasing party should be added as a party. According to Article 86 of the Tort Liability Law (Note: Article 86 of the Tort Liability Law stipulates: "If a building, structure, or other facility collapses, causing harm to others, the construction unit and the construction unit shall bear joint and several liability. After the construction unit and construction unit have paid compensation, if there are other responsible persons, they have the right to seek recourse from other responsible persons."), if a building, structure, or other facility collapses causing harm to others, the construction unit and the construction unit bear joint and several liability. Due to the leasing relationship, the construction unit here should include both the leasing party and the leased party, so the leasing party should participate in the lawsuit as a party. (5) The leased party initiates a lawsuit for management fees In leasing relationships, the leasing party usually pays certain management fees to the leased party as consideration for borrowing qualifications. If the leased party sues the leasing party for leasing fees based on the leasing agreement, the contractor does not need to participate in the lawsuit according to the principle of contractual relativity. In addition, there is a recourse right dispute. In the leasing agreement, it is often agreed that if the leased party suffers losses due to the fault of the leasing party (including but not limited to paying penalties and compensation to the contractor, material and equipment suppliers, and employees), the leased party can seek recourse from the leasing party after bearing the relevant responsibilities, that is, the dispute arises from the leased party exercising the right of recourse based on the leasing agreement. This dispute is also based on the principle of contractual relativity in determining litigants. (Excerpt from "Understanding and Application of the Supreme People's Court's Judicial Interpretation (II) on Construction Engineering Contract", edited by the First Civil Division of the Supreme People's Court, People's Court Press, 2019 edition.) III. Internal Liability Allocation Between Leasing and Leased Parties We believe that, according to Article 66 of the Construction Law, in construction quality disputes, both the leasing party and the leased party jointly infringe on the rights of the contractor, bear joint and several liability for compensation, and can be considered as pro rata liability after compensation. Since the contractor actually enjoys the rights and bears the obligations under the contract, and the leased party only receives management fees, the leased party can be considered to bear pro rata liability within the scope of the management fees received. If the contractor knows that there is a leasing relationship and that the leased party only lends qualifications, then the contractor and the leasing party actually form a de facto construction contract, which should be regarded as the contractor participating in the illegal act, indicating that the contractor has fault and should bear some fault liability, and the contractor's interests should not be protected solely. In this case, the leased party should still bear responsibility within the scope of management fees received, and should still bear joint and several liability to the contractor. (Excerpt from "Understanding and Application of the Supreme People's Court's Judicial Interpretation (II) on Construction Engineering Contract", edited by the First Civil Division of the Supreme People's Court, People's Court Press, 2019 edition.) IV. Liability of the Contractor "Knowing" that the Leasing Party is Borrowing Qualifications This Article (Article 4 of the "Supreme People's Court's Interpretation of Several Issues Concerning the Application of Laws in the Trial of Construction Engineering Contract Disputes (II)") and Article 25 of the Judicial Interpretation (I) on Construction Projects and Article 66 of the Construction Law on the protection of the contractor's rights are based on the contractor's unawareness of the leasing behavior. In practice, if the contractor "knows" that the leasing party is borrowing qualifications, it needs further discussion. Judicial practice
2017/12/29
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