Company A is the owner of an infrastructure project and Company B is a construction company. Company A invites bids for the construction of the project and Company B submits the winning bid, which is accepted.
However, after Company A issues its letter of acceptance to Company B but before the parties officially execute a construction contract, Company B demerges to become Company B1 and Company B2, and informs Company A that Company B1 will be executing the contract.
Company B2 succeeds to the name of Company B and Company B1 uses a new name, but Company B2 refuses jointly to execute documents with Company A and Company B1 confirming that it bears joint and several liability toward Company A for the obligations of Company B1 under the contract.
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Xu Haiyan is a partner at Dacheng Law Offices in Beijing.
大成律师事务所 — 北京总部
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