First, the concept of engineering intermediary contract
The broker signs an engineering brokerage contract with the construction unit or building material supplier. As stipulated in the contract, the construction unit or building materials supplier pays a certain amount of remuneration to the broker, and the broker provides the construction unit or building materials supplier with the opportunity information of project bidding and signing, so as to urge the construction unit or building materials supplier to conclude a project construction contract and a building materials supply contract with a third-party construction tenderer.
Second, the analysis of invalid engineering intermediary contract
1. In the project intermediation contract, the broker and the customer agree that the broker will be successful and the customer will win the bid. Similar agreements not only violate the essence of intermediation, but also ensure the success of intermediation, which fundamentally violates the meaning of compulsory bidding and harms the interests of other bidders. The broker guarantees that the client's winning bid is illegal. Because the purpose of the contract violates the prohibitive provisions of the Bidding Law, such provisions will lead to the invalidation and invalidity of the entire intermediary contract.
2. After the conclusion of the engineering intermediary contract, the intermediary engages in mediation, persuasion, kickbacks to the tenderee, bribery and other illegal and criminal acts in order to increase the possibility of winning the bid by the client. , so that the client won the bid, because the intermediary participated in and influenced the bid evaluation process and the winning result. The result of winning the bid is not based on an objective and fair evaluation process. Legal consequences of this behavior: whether the client knows this behavior of the broker or not, the project contracting contract or building material supply contract signed by the client and the third party is invalid, because the intermediary behavior of the broker has exceeded the limit of legal protection and become illegal or criminal. If the bidder knows that the behavior of the resident is illegal or criminal, the contract is invalid, because it violates the prohibitive provisions of the law, that is, the provisions of Article 32 of the Bidding Law are legally invalid. If the client doesn't know, the contract is legally invalid, because it maliciously harms the interests of other bidders, that is, the third party. Legal Consequences of Invalid Contract According to Article 54 of the Bidding Law, the bidder shall bear the corresponding liability for compensation according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. If it does not constitute a crime, it shall be given corresponding administrative punishment, and other bidders shall still have the right to apply for cancellation of the construction contract.
3. Identification of illegal engineering intermediary behavior. In practice, the people's court must respect the rules of proof in litigation and ensure procedural justice if it wants to determine that residential negotiation is illegal. As long as there is no evidence to prove that the intermediary behavior of the middleman violates the mandatory provisions of laws and regulations and damages the fairness of the bidding behavior, the intermediary behavior is legal and the project housing consulting contract is effective. The people's court found that intermediary behavior was illegal and criminal. Before the final judgment is made by the court, the project intermediary contract and the project contracting contract are invalid, not contracts with pending validity, because such contracts
As can be seen from the above, the invalidation of the engineering intermediary contract is mainly due to the inevitable success of the intermediary in the contract, but this violates the essence of intermediation. There are kickbacks and bribes between the two parties to the transaction, and the judgment of the people's court is also very important, so the judgment must be respected, and the contract is invalid before the final judgment. For more relevant knowledge, please consult lawyer 365 Meishan.