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Yes, the project cuts corners, violates Article 74 of China's "Construction Law" and Article 64 of the "Regulations on the Quality Management of Construction Projects", and bears the corresponding legal responsibility.
Legal basis: 1) Article 74 of the "Construction of the People's Republic of China" "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not follow the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”
2) Article 64 of the Regulations on the Quality Management of Construction Projects: "In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined between 2% and 4% of the project contract price; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; ”
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According to the provisions of the "Construction Law" and the "Regulations on the Supervision and Administration of Engineering Quality", if the construction unit cuts corners and seriously affects the quality of the project, and the construction party refuses to rework, it may be subject to legal penalties, imposed a fine, and revoke the business license. In addition, the project manager will be subject to legal sanctions, and the legal representative of the construction unit will receive the corresponding penalties.
The construction party cutting corners means that the construction quality does not meet the design requirements, and the supervision party should require the construction party to rectify in accordance with the design requirements, and report to the owner, and all the costs of repair shall be borne by the construction unit. As for the punishment, the construction law and other relevant regulations do not stipulate that the supervision has the right to punish the construction party, and the owner should be requested to punish the construction party according to the contract or the agreement between the two parties.
It is stipulated that in violation of the provisions of these Regulations, if the construction unit commits any of the following acts, it shall be ordered to make corrections and shall be fined not less than 200,000 yuan but not more than 500,000 yuan:
1) Forcing the contractor to bid below cost;
2) arbitrarily compressing a reasonable construction period;
3) Explicitly or implicitly that the design unit or construction unit violates the mandatory standards for project construction and reduces the quality of the project;
4) The construction drawing design documents have not been reviewed or the examination is unqualified, and the construction is carried out without authorization;
E) the construction project must be carried out of engineering supervision but not the implementation of engineering supervision;
F) not in accordance with the provisions of the State for the quality supervision of the project;
7) Explicitly or implicitly indicating that the construction unit uses substandard building materials, building components and equipment;
8) Failure to submit the completion acceptance report, relevant approval documents or permission documents for the record in accordance with national regulations.
The above content refers to: Encyclopedia - Construction Engineering Quality Management Regulations.
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Cutting corners in construction may result in a prison sentence on suspicion of major safety accidents. The crime of major liability accident refers to the violation of relevant safety management regulations in production and operation, resulting in a major accident or other serious consequences. Those who commit this crime are to be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and where the circumstances are especially heinous, they are to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
1. Major liability accidents are generally sentenced to several years in prison.
Criminal liability for the crime of major liability accidents is punishable by up to seven years in prison. Article 134 of the Criminal Law stipulates that anyone who violates the provisions on safety management in production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are especially heinous, a sentence of between three and seven years imprisonment is to be given.
2. Who is responsible for the crime of major liability accidents.
Where the crime of major liability accidents is suspected, the person in charge engaged in the relevant business shall be responsible. According to the provisions of the Criminal Law, anyone who violates the provisions on safety management in production or operation, resulting in a major accident or other serious consequences caused by an old regrettor, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; and where the circumstances are especially evil, the sentence is to be between three and seven years imprisonment.
Article 134 of the Criminal Law Whoever violates the provisions on safety management in production or operation, thereby causing a major accident or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the circumstances are especially heinous, the sentence is to be between three and seven years imprisonment. Whoever compels others to take risks in violation of rules and regulations, or clearly knows that there is a potential danger of a major accident but does not rule it out, but still takes risks to organize operations, resulting in a major accident or other serious consequences, shall be sentenced to up to five years imprisonment or short-term detention; where the circumstances are especially heinous, the sentence is to be five or more years imprisonment.
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Legal analysis: depending on the severity of the consequences. If a construction enterprise cuts corners in construction and uses substandard building materials, building accessories and equipment, it shall be ordered to make corrections and imposed a fine; If a major safety accident is caused as a result, it constitutes the crime of major engineering safety accident, and it must be sentenced.
Legal basis: Construction Law of the People's Republic of China Article 74 If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Criminal Law of the People's Republic of China Article 137 Where a construction unit, design unit, construction unit, or project supervision unit violates State regulations by lowering project quality standards, causing a major safety incident, the person directly responsible for the hail shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined; where the consequences are especially serious, the sentence is between 5 and 10 years imprisonment and a concurrent fine.
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If cutting corners leads to the overall instability of the building, and if an accident injures the lives and property of citizens, such a situation is more serious, it is a criminal offense, and you will be imprisoned. If no one lives are killed by cutting corners, and it is discovered, it can only be regarded as general civil liability, that is to say, you have violated the original contract, and the result of the breach of the contract is to renovate or lose money. This responsibility is not big, but your integrity will be demoted 0
I still hope that you will do a good job in a down-to-earth manner, although cutting corners can save money, but you will lose the integrity of your life. Now you use more material money, in exchange for your lifelong integrity and business. Both should be able to measure themselves.
Follow-up: For example, if I am an engineering technician and now I have a truck of sand, and I record two cars, and I have five cars a month, is this considered cutting corners? If it had been discussed with the driver beforehand, would it be his fault or mine?
Answer: Cutting corners is the use of reduced or inferior materials in the production process of production materials, and the production is not done step by step in the production and construction process. This is the general meaning of cutting corners.
After all, the regulations are 5 cars, and you do record 2 cars with 1 car, which will inevitably lead to the occurrence of "material reduction". If that's the case, both are responsible. As to who is primarily responsible, it depends on who makes the proposal and implements it.
I advise you to try to correct your mistakes if you find out early. Although my answer may make you feel uneasy, but this is a fact, I can't flatter you just because I want to get your satisfactory answer, correct it in time, and avoid going the wrong way, that is a lifetime thing. If it can't be corrected, show it to the leader in time, don't go wrong, it's too late.
Follow-up: Hehe, thank you, but fortunately it's not my problem, don't worry, I'll explain what you mean to my friends, after all, it's a wrong step and a losing thing. Thank you very much and I wish you all the best!
Original, smiling*Testimonial: Thank you!
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Cutting corners is an illegal act, violating Article 74 of China's Construction Law and Article 64 of the Regulations on the Quality Management of Construction Projects, which can be reported to the Construction Bureau. If a serious crime is constituted, criminal responsibility shall be pursued in accordance with law.
Legal basis: 1) Article 74 of the "Construction of the People's Republic of China" "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not follow the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”
2) Article 64 of the Regulations on the Quality Management of Construction Projects: "In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined between 2% and 4% of the project contract price; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; ”
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The project cuts corners, violates Article 74 of China's "Construction Law" and Article 64 of the "Regulations on the Quality Management of Construction Projects", and bears the corresponding legal responsibility.
Legal basis: 1) Article 74 of the "Construction of the People's Republic of China" "If a construction enterprise cuts corners in construction, uses substandard building materials, building accessories and equipment, or has other behaviors that do not follow the engineering design drawings or construction technical standards, it shall be ordered to make corrections and be fined; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; If the quality of the construction project does not meet the specified quality standards, it shall be responsible for rework and repair, and compensate for the losses caused thereby; where a crime is constituted, criminal responsibility is pursued in accordance with law. ”
2) Article 64 of the Regulations on the Quality Management of Construction Projects: "In violation of the provisions of these Regulations, if the construction unit cuts corners in the construction, uses substandard building materials, building accessories and equipment, or has other behaviors that are not in accordance with the engineering design drawings or construction technical standards, it shall be ordered to make corrections and shall be fined between 2% and 4% of the project contract price; and compensate for the losses caused thereby; where the circumstances are serious, order a suspension of business for rectification, lower the qualification level, or revoke the qualification certificate; ”
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