The people’s Court of Huarong County, Hunan Province ruled that: 1.
Indirect causes of the accident: 1.
failed to implement the primary responsibility for quality and safety of the construction unit and orally appointed Lin Zuoji as the actual person in charge of the project.
What’s more, Huarong Yongsheng Construction Machinery Leasing Co., Ltd.
From the perspective of the construction project case, Lin Zuoji, the owner’s on-site construction director, arranged the tower lifting operation to Wu Changgui, but Wu had no qualification, so he found Huarong Yongsheng Construction Machinery Leasing Co., Ltd.
After negotiation, the defendant Wu Changgui was an individual and was unable to sign relevant contracts.
On August 12, 2019, the office of Yueyang Municipal People’s Government approved the findings of the investigation team.
The public prosecution organ charged that on July 20, 2017, Yueyang Zhongli Real Estate Development Co., Ltd.
to sign a contract with the construction general contractor, that is, Wu was affiliated with Huarong company.
Wu Changgui contacted Huarong Yongsheng Construction Machinery Leasing Co., Ltd., the legal representative of the defendant Tan Yongsheng, and asked to rent the company’s hoisting equipment.
According to the criminal judgment of the first instance of the case of Tan mousheng and other major liability accidents published by China judicial document network, a total of three people, including the person in charge of the construction unit, were sentenced to fixed-term imprisonment ranging from 3 to 4 years.
On January 23, 2019, the tower crane subsequently collapsed, resulting in the death of Tian Aimin and other five people who were carrying out demolition operations on the tower crane.
Of course, the construction general contractor, as the on-site construction general contractor, has the obligation of management and coordination, but it has not been investigated for criminal responsibility because it did not participate in this process.
Hunan Taishan Engineering Co., Ltd.
Yueyang Zhongli Real Estate Development Co., Ltd.
The research on the construction project case shows that the contract in this case is a typical Party A refers to subcontract, which is why Lin Zuoji, the person in charge of Party A, designated the operation unit instead of the construction general contractor for bidding.
On September 14, 2017, the defendant Lin Zuoji signed a construction contract with Wu Changgui without construction qualification in his own name.
signed the Hunan construction project construction contract, which agreed that Hunan Taishan Engineering Co., Ltd.
As for why Wu is affiliated with unqualified units rather than qualified units, I’m afraid this is also the reason.
(the source of the case is China judicial document network, which is compiled by the research on construction engineering cases)..
At the same time, it was found that the defendants Tan Yongsheng, Wu Changgui and Lin Zuoji were directly responsible for the accident.
Later, Lin Zuoji contracted out the labor services to Wu Changgui without authorization, and Wu Changgui illegally contracted out the tower crane installation and disassembly project to Yongsheng company without installation and disassembly qualification; 3.
On behalf of the construction unit, Lin Zuoji, the defendant was responsible for the overall construction of Huarong pearl phase III project.
had no qualification for tower crane installation and disassembly, so it forged the installation and disassembly contract of entrusting Xiangyin Wanshun construction equipment installation Co., Ltd.
The accident killed five people.
had no qualification, In order to enter the construction site, the contract was forged.
As the lessor of the accident tower crane, Huarong Yongsheng Construction Machinery Leasing Co., Ltd.
On July 19, 2019, the accident investigation team found that the direct cause of the “1.23” tower crane collapse accident of Huarong Mingzhu phase III 10# building in Huarong County was the illegal operation of the installation personnel, in violation of the provisions of article 5.0.4 of the safety technical code for installation, application and disassembly of tower cranes in construction jgj196-2010 and article 8.2.1 of the operation manual of Shandong Dahan QTZ63.
to be responsible for tower crane installation and disassembly, and forged the relevant data of crane use, which was reported to Taishan company and relevant regulatory authorities for review.
and Hunan Taishan Engineering Co., Ltd.
On July 10, 2017, the defendant Tan Yongsheng, on behalf of Huarong Yongsheng Construction Machinery Leasing Co., Ltd., signed a tower crane leasing contract with Hunan Taishan Engineering Co., Ltd., the general contractor.
carried out the tower crane disassembly without installation and disassembly qualification, arranged people without special operation qualification to carry out the disassembly operation, did not report the tower crane disassembly scheme to the construction contractor and the supervision unit for review in advance, and did not implement important safety production responsibilities, Failure to conduct safety education and technical disclosure for tower crane dismantling operators, and failure to arrange special personnel for on-site safety management; 2.
firstly accepted the illegal command of Lin Zuoji, the actual person in charge of the project construction designated by the construction unit in the construction process; secondly, it did not implement the responsibility of safety production and did not allocate sufficient project management personnel; thirdly, it did not find and stop the illegal behavior of the lessor in dismantling the tower crane in time, resulting in a serious lack of safety production management on the construction site.
The defendant Tan Yongsheng committed the crime of major liability accident and was sentenced to fixed-term imprisonment of four years; 2、 The defendant Wu Changgui committed the crime of major liability accident and was sentenced to fixed-term imprisonment of three years and suspended for four years; 3、 The defendant Lin Zuoji committed the crime of major liability accident and was sentenced to fixed-term imprisonment of three years and suspended for four years.
Secondly, why did Lin find Wu construction instead of a qualified unit? I believe the parties themselves know.
Case index: at 9:15 on January 23, 2019, the tower crane of building 10 of Huarong Mingzhu phase III project under construction in Huarong County, Yueyang City, Hunan Province collapsed during demolition.
would be responsible for the construction of building 8.9.10.11 of Huarong Mingzhu phase III developed by Yueyang Zhongli real estate Development Co., Ltd.
Attaching to unqualified individuals or units for construction may not only lead to civil joint and several liability, the risk of administrative punishment by the housing and construction department, but also the risk of being investigated for criminal responsibility.
However, Huarong Yongsheng Construction Machinery Leasing Co., Ltd.
