工程总承包联合体连带责任探究
Research on Joint Liability of Project General Contracting Consortium

工程总承包模式是国外较为常见的一种承包方式，近些年一直在国内处于被推广的状态。联合体作为工程承包活动中的常见主体之一，在各种大型的工程中被广泛的采用。但是，由于我国国内工程总承包立法不完善，对联合体的法律规定多有不足，影响司法实践及联合体整体及其成员的风险防范，不利于现阶段联合体模式的过渡发展。本文试图从联合体学理及案例出发，尝试寻求联合体司法规则裁判观点，进而为联合体的风险规避提供合理建议。
Project general contracting mode is a common contracting mode abroad and has been promoted in China in recent years. As one of the common subjects in project contracting activities, the consortium is widely used in various large-scale projects. However, due to the imperfect legislation of general contracting in China, there are many deficiencies in the legal provisions of the consortium, which affect the judicial practice and the risk prevention of the whole consortium and its members, and is not conducive to the transitional development of the consortium mode at the present stage. This paper attempts to start from the theories and cases of the consortium, and tries to seek the judgment views of the judicial rules of the consortium, and then provides reasonable suggestions for the risk avoidance of the consortium.