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What legal problems will be caused by improper management of construction engineering archives?

in the legal practice in the field of construction engineering, engineering documents are an important basis for distinguishing the rights and obligations of both parties, whether it is non-litigation claim settlement or arbitration litigation. According to the national administrative regulations, after the completion of the project, the project documents should be filed and submitted according to the requirements of file management. Therefore, the engineering documents that meet the filing requirements/have been filed are naturally more easily recognized by both parties and the referee. I. Construction Project Archives

Paragraph 2 of Article 2 of the Regulations on the Administration of Urban Construction Archives (Revised in 2111) defines urban construction archives (referred to as "urban construction archives" for short) as "documents and materials of various carriers, such as words, drawings, charts, audio and video, which are directly formed in urban planning, construction and management activities and are of preservation value to the country and society". Its specific contents include: (1) urban construction survey and construction planning files; (2) Archives of urban construction projects: including civil construction projects, municipal public works, transportation projects, water conservancy projects and urban combat readiness projects; (3) Archives of scientific research and design of urban building system. Second, the carrier and collection of construction project files

? The construction unit shall be responsible for the collection of engineering archives, and it shall specify the relevant requirements for the compilation and collection of archives in the main contract; The contents of specific documents in the archives are compiled by the construction unit and then submitted to the construction unit. In the case of general contracting mode, the general contracting unit shall be responsible for collecting the engineering documents of all subcontractors and then handing them over to the construction unit. The technical person in charge and legal representative of the construction unit shall sign and seal the engineering documents that have been assembled into volumes, and then submit an application for file acceptance and file transfer to the urban construction archives.

? The external manifestations of engineering archives include paper archives, audio-visual archives (such as photos and videos) and electronic archives (such as CAD drawings and scanned documents consistent with paper archives). Through the reference table in the file, we can initially know the file types and specific quantities covered by the file, so as to facilitate the rapid realization of query and utilization. ? III. Legal Issues Concerning Archives Management of Construction Projects

1. There are clear requirements in the administrative management of government departments < P > Article 17 of the Regulations on Quality Management of Construction Projects stipulates that the construction unit shall, in strict accordance with the relevant provisions of the state on archives management, collect and sort out documents and materials in all aspects of construction projects in time, establish and improve the archives of construction projects, and hand over the archives of construction projects to the administrative department of construction or other relevant departments in time after the completion and acceptance of construction projects.

the specific procedure is: when issuing the planning permit for the construction project, the construction unit shall fill in the registration form of the project file at the planning sub-bureau or the administrative licensing center where the project is located, and receive the file submission responsibility. For projects that meet the requirements and need to be included in the receiving scope of urban construction archives, the construction unit shall, 31 days before the completion and acceptance of the organization, submit them to the urban construction archives management institution for pre-acceptance of the project archives. The construction unit can organize the project completion acceptance only after obtaining the approval document of the project file. Within 3 months after the completion and acceptance of the project, submit the project files to the urban construction archives.

? The above procedures are the administrative requirements of the competent department of construction. In case of violation of the above provisions, the administrative organ has the right to order it to make corrections and impose a fine.

2. Materials that objectively reflect evidence clues after disputes

For archival materials that meet the acceptance scope of urban construction archives, the appearance of the materials is clean, complete and standardized after review and acceptance; If used as evidence, it can basically meet the requirements of authenticity, legality and relevance of evidence; Therefore, it can be concluded that unless there is evidence to the contrary to prove that it is inconsistent with the facts, the project file has high evidential force in the judgment and should be the focus of lawyers' attention and evidence. For example:

1. Prove subcontracting qualification according to archives, etc.

2. Whether it is a survey error or not, the engineering file can provide a judgment standard;

3. The settlement of disputes over quality, time limit for a project and cost shall be based on the construction project archives;

in the face of two disputing parties with opposite claims, the court often introduces an appraisal unit to solve special technical problems. If the procedural documents submitted by both parties are incomplete or can't reflect the true meaning of both parties, the appraisal unit may be unable to give an appraisal conclusion because there are not enough documents and technical materials as the appraisal basis, resulting in the delay in judging the case. Therefore, a complete project file provides an objective basis for dispute resolution, judicial expertise and court judgment.