Article 13 the contract letting party shall bear the liability for fault in case of any of the following circumstances, resulting in the quality defects of the construction project: (1) the design provided is defective; (2) the building materials, building components, fittings and equipment provided or designated to be purchased do not conform to the mandatory standards; (3) the contract letting party shall directly appoint a subcontractor to subcontract the professional project
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If the contractor is at fault, he shall also bear corresponding fault liability
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1、 The content of the original article is the original article 12 of the judicial interpretation of construction project
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The article has not changed
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Interpretation by lawyers
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1
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This article is about the provisions that the employer should bear the corresponding responsibility for the quality defects of the construction project caused by the employer’s reasons
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This article includes the following contents: (1) if the quality of the construction project is caused by the employer, he shall bear the responsibility for fault
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(2) This paper lists several situations that may cause quality defects of construction projects due to the employer’s reasons
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That is, the design provided is defective; the building materials, building components and equipment provided or designated to be purchased do not meet the mandatory standards; and the Subcontractor is directly designated to subcontract professional projects
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(3) It is stipulated that if the contractor is at fault for the quality defects of the construction project, he should also bear the corresponding fault liability
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2
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The design provided is defective
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In order to ensure the quality of construction engineering, it is necessary to make the quality of construction engineering conform to the national safety standards, technical specifications and contractual requirements in the three aspects of survey, design and construction
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Among them, survey and design are the basis of determining the quality of the whole construction project
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If there are problems in the quality of survey and design, no matter how good the construction quality is, it is difficult to guarantee the quality of the construction project
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The building materials, building components and equipment provided or designated to be purchased do not meet the mandatory standards
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The “Regulations on quality management of construction projects” extends the subject matter of inspection to commercial concrete, materials, components, equipment and commercial concrete
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The inspection system is an important part of the Contractor’s quality assurance system
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The Contractor shall check and accept the building materials, components, equipment and commercial concrete according to relevant technical requirements, technical standards and contract agreements
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4
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Directly appoint subcontractors to subcontract professional projects
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Although there are restrictive provisions on subcontracting in relevant laws, it is mainly aimed at the contractor
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According to this article, if the construction unit carries out subcontracting in violation of the provisions, it shall also bear corresponding responsibilities
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Through the provisions of this article, the relevant provisions of construction project subcontracting will be more comprehensive and perfect
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Understanding of the second paragraph of this article
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According to the provisions of Article 54 and Article 59 of the “construction law”, the Contractor shall refuse the construction unit, i.e
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the employer, who violates the laws, administrative regulations and construction project quality and safety standards and reduces the project quality requirements
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If the Contractor does not refuse and carries out the construction according to the employer’s requirements, thus causing the quality defects of the construction project, the Contractor shall comply with the provisions of this article They should bear corresponding responsibilities
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Remarks: the new interpretation refers to the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases (1) (issued on December 29, 2020 and implemented from January 1, 2021) and the original construction project judicial interpretation refers to the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract dispute cases (January 1, 2005) The original judicial interpretation of construction project (2) refers to the Supreme People’s court’s interpretation of applicable law in the trial of construction contract disputes (2) (implemented on February 1, 2019)
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Reference book: understanding and application of judicial interpretation of construction contract of the Supreme People’s court, people’s court press, September 2, 2015
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Understanding and application of judicial interpretation of construction contract of the Supreme People’s court, people’s court press, 1st edition, January 2019
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Guo Junfu, a member of the Communist Party of China, is an intern lawyer and patent agent of Beijing Dacheng (Shijiazhuang) law firm
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He once served as a military supervisor and military legal adviser of the central war zone Procuratorate of the Chinese people’s Liberation Army, a section level cadre of the Department of housing and urban rural development of Hebei Province, a law enforcement supervisor of the Department of housing and urban rural development of Hebei Province, a public lawyer of the Department of housing and urban rural development of Hebei Province, an inspector of urban rural planning of Hebei Province, a founder of the legal expert database of Hebei Province, a member of the intellectual property professional committee of Beijing Dacheng Law Firm, and a member of the army to lawyer Federation He is the initiator of the intellectual property research group, Deputy Secretary General of the legal expert committee of Hebei affordable housing association, invited legal experts from many provincial industry associations, and member of China law society..
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