Case study 4

After trial, the court held that, according to Article 45 of the Bidding Law, after the winning bidder is determined, the tenderer shall issue a bid-winning notice to the winning bidder and notify all bidders who have not won the bid. The bid-winning notice has legal effect on the tenderer and the winning bidder. After the bid-winning notice is issued, if the tenderer changes the bid-winning result or the winning bidder abandons the bid-winning project, it shall bear legal responsibility according to law. Article 46 stipulates that the tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the bidder shall not separately sign an agreement that deviates from the substantive contents of the contract. Obviously, the defendant's views and actions did not conform to the legal provisions, so the court found the defendant in breach of contract according to the above provisions and awarded the defendant compensation for the plaintiff's economic loss of 1.58 million yuan.

The bid-winning notice is legally binding on the parties. Any party's refusal to sign the contract violates the principle of good faith and should bear the responsibility for contracting negligence. According to the Measures for the Administration of Tendering and Bidding for Building Construction and Municipal Infrastructure Project issued by Order No.89 of the Ministry of Construction on June 1 2006, if the tenderer fails to sign a contract with the winning bidder without justifiable reasons, it shall compensate the winning bidder.