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How to compensate for the economic losses caused by unqualified project quality?
At present, there are many bean curd dregs projects, which will bring losses to people's lives and property. How should we compensate the economic losses caused by this? First of all, the engineering quality department and everyone should generally blame the construction party, who is directly responsible and should bear the compensation for the economic losses caused by the unqualified engineering quality. First, how to compensate for the economic losses caused by unqualified project quality? Article 74 of the Construction Law stipulates that if a construction enterprise cuts corners during construction, uses unqualified building materials, building components and equipment, or commits other acts that are not in accordance with engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; If the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or revoke its qualification certificate; If the quality of a construction project does not meet the prescribed quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 80 1 6868 of the Civil Code (implemented on 202 1 1) causes the quality of the construction project to be inconsistent with the contract due to the builder's reasons, and the employer has the right to require the builder to repair, rework or rebuild it free of charge within a reasonable period. If the delivery is overdue after repair, rework or reconstruction, the builder shall bear the liability for breach of contract. Article 1 1 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Disputes stipulates that if the quality of the construction project is not in conformity with the contract due to the contractor's fault, the contractor refuses to repair, rework or rebuild, and the employer requests to reduce the payment of the project price, it shall be supported. Second, how to deal with the inspection lot of 1, which has been reworked or replaced, should be re-accepted. 2. Inspection lots that meet the design requirements after inspection and appraisal by qualified inspection units shall be accepted. 3. Inspection lots that fail to meet the design requirements after inspection and appraisal, but can meet the structural safety and use function after accounting by the original design unit, can be accepted. 4, after rework and reinforcement of subdivisional work, although changed the overall size, but still can meet the requirements of safe use, according to the technical treatment plan and negotiation documents for acceptance. (1) A certain quality index of sectional and divisional projects can't meet the requirements of acceptance specifications, and it can't meet the design requirements after being tested and identified by qualified testing units. After inspection, the design unit thinks that the rework and reinforcement can meet the design requirements. At this time, find out the cause of the accident, distinguish the quality responsibility, and after consultation with the construction, construction, supervision and design units, agree to carry out reinforcement, and clarify the source of reinforcement costs, acceptance after reinforcement and other matters. (2) In the process of treatment, the original design unit generally issues the reinforcement technical scheme, and the construction unit implements the reinforcement. Although the external dimensions of individual building components have changed, or permanent defects have been left, including the change of engineering purposes, this is conditional acceptance according to the negotiation documents, and the responsible party shall bear economic losses or compensation. As long as the structural safety and use function can be guaranteed, it will still be accepted as a special case. Projects that can't have quality accidents are scrapped, which will cause great losses to the country, enterprises and society. 5. It is forbidden to check and accept the projects of divisions (sub-divisions) and units (sub-units) that still cannot meet the requirements for safe use after repair and reinforcement. If the quality of the project is not up to standard, the construction party should legally bear the compensation for economic losses, but no amount of compensation can make up for the loss of talents, and the significance is different. Therefore, I hope that the construction party can seriously build every project, and don't let everyone live in the fear of tofu dregs. Doing a good job is the fundamental way.