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The quality responsibilities and obligations of the construction unit are: (1) It shall be responsible for the management of engineering files and materials of construction projects, and set up special personnel to collect, sort out and archive. (2) When bidding for the project and signing agreements or contracts with the participating parties, clear requirements should be put forward for the preparation of project data and project files, such as the responsibility, number of sets, cost, quality and handover time.
3) must be involved in the construction of the survey, design, supervision, construction and other units to provide construction project related information, the original data must be true, accurate and complete. (4) For all kinds of raw materials, components and equipment purchased by the construction unit, the construction unit shall ensure that its specifications, performance and quality meet the requirements of the design documents and contracts, and ensure the completeness, authenticity and effectiveness of the relevant construction materials. (5) Responsible for organizing, supervising and inspecting the formation, accumulation and filing of engineering data of participating units; It can also entrust the supervision unit to inspect the filing and archiving of engineering data; and sign opinions on the engineering materials that should be signed according to the regulations.
6) Collect and summarize the project files filed by survey, design, construction, supervision and other units. (7) Included in the scope of urban construction archives to receive the project files, the construction unit in the organization of the completion of the project archives for pre-acceptance. (8) The construction unit shall transfer the project files included in the scope of acceptance of the urban construction archives within three months after the completion and acceptance of the project.
Extended information: Legal liability: According to Chapter VII of the Construction Law of the People's Republic of China Legal Responsibility Article 64 In violation of the provisions of this law, without obtaining a construction permit or without approval of the construction report, the construction shall be ordered to be corrected, and the construction shall be ordered to stop if the conditions for starting construction are not met, and a fine may be imposed.
Article 65 Where a contract-issuing unit contracts a project to a contractor that does not have the corresponding qualifications, or dismemberes and awards a construction project in violation of the provisions of this Law, it shall be ordered to make corrections and imposed a fine. If the qualification level of the unit is exceeded to contract the project, it shall be ordered to stop the illegal acts, imposed a fine, and may be ordered to suspend business for rectification and reduce the qualification level; where the circumstances are serious, the qualification certificate is revoked; where there are unlawful gains, they are to be confiscated. If the project is contracted without obtaining a qualification certificate, it shall be banned and fined; where there are unlawful gains, they are to be confiscated.
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Is the option for your question in? There is no option to choose.
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Legal responsibility for illegal construction related units: The relevant departments will punish the construction-related responsible entities such as construction, construction, survey, and design units that carry out illegal construction in violation of laws and regulations. For serious quality problems and safety accidents, Zaotong will investigate the criminal responsibility of the relevant responsible units and responsible personnel in accordance with the law.
Legal basis: Article 68 of the Urban and Rural Planning Law of the People's Republic of China After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.
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Answer]: Question 70 of the 2004 Construction Engineering Regulations.
The constitutive elements of legal liability generally include: fault; the occurrence of a change in the gesture of the detrimental fact; There is an illegal judgment of illegal or harmful conduct and a causal relationship between the two.
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Answer] :d item d: It is the responsibility of the construction unit, not the construction unit, to carry out safety production education and training. Accordingly, item D was elected.
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Answer]: Item AA: According to the provisions of the "Regulations on the Administration of Work Safety in Construction Projects", the project supervisor Lu Chan Hongli unit shall review whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for project construction.
Therefore, item A is wrong to say that the method of carrying is wrong.
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Answer]: B, E
2021 Textbook P252 2020 Textbook P250
Option A is wrong, the construction unit should reasonably determine the cost required to ensure the safety of the construction project when compiling the project estimate, and provide it to the construction unit in full according to law. Option C is wrong, the construction unit shall not explicitly or implicitly purchase, lease or use the Ampi hail full protection equipment, machinery and equipment, construction equipment and accessories, fire protection facilities and equipment that do not meet the safety construction requirements. If option D is wrong, the design unit shall consider the needs of construction safety operation and protection, indicate the key parts and links involving construction safety in the design documents, and provide guidance on the prevention of production safety accidents.
For construction projects with new structures, new materials, new processes and construction projects with special structures, the design unit shall put forward measures and suggestions to ensure the safety of construction workers and prevent production safety accidents in the design.
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According to Article 179 of the Civil Code, the main ways to bear civil liability are: (1) stop the infringement violently; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) Compensate for losses; (9) Payment of liquidated damages; 10) Eliminate the impact and restore reputation; (11) Apologize. Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability in this article may be applied separately or in combination.
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Lawyer answers. The responsibility of the construction unit for illegal construction is: the construction unit shall be ordered to stop the construction and impose a fine by the local people's ** urban and rural planning department at or above the county level, and the construction-related units may be forcibly demolished before the cluster if they do not make corrections within the time limit.
Legal basis. Article 64 of the Urban and Rural Planning Law of the People's Republic of China.
If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped;
If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed;
If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical posture Zheng Huai or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.
Article 65 of the Urban and Rural Planning Law of the People's Republic of China.
If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and corrected within a time limit;
If it is not corrected within the time limit, it may be dismantled.
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The safety responsibility of the construction unit does not include the preparation of safety production rules and regulations and operating procedures.
Further information is as follows:
The construction unit, also known as the owner unit or project owner, refers to the investor of the construction project, which has property rights to the project (there are exceptions, for example: Company A undertakes the construction of a bridge project, and the structures owned by Company B are affected during the construction process, and they need to be renovated and reinforced, and Company C is entrusted to construct them with the consent of Company B.
At this time, Company A is the investor, A is the construction unit, the property owner is Company B, and the owner is Company B). The construction unit refers to the investor of the construction project, which has property rights to the project (there are exceptions, for example, company A undertakes the construction of a bridge project, and the structures owned by company B are affected during the construction process, and they need to be transformed and reinforced, and company C is entrusted to build them with the consent of company B.
At this time, Company A is the investor, A is the construction unit, the property owner is Company B, and the owner is Company B). The construction unit, also known as the owner unit or project owner, refers to the investor or investor of the construction project, and it is also the main body of construction project management. Main Fulfillment:
Propose the responsibility for the construction plan, the provision of construction land and construction funds.
The construction unit shall provide the construction unit with information on underground pipelines such as water supply, drainage, power supply, gas supply, heat supply, communications, radio and television, meteorological and hydrological observation data, adjacent buildings and structures, and underground engineering in the construction site and adjacent areas, and ensure that the data are true, accurate and complete.
The construction unit shall not be in compliance with the requirements of the construction project safety production law, regulations and mandatory standards for survey, design, construction, engineering supervision and other units, and shall not compress the construction period agreed in the contract.
When the construction unit prepares the project budget estimate, it shall determine the cost of the safe working environment and safe construction measures of the construction project. The construction unit shall not explicitly or implicitly purchase, lease or use safety protection equipment, machinery and equipment, construction machinery and accessories, fire protection facilities and equipment that do not meet the requirements of safe construction.
When applying for a construction permit, the construction unit shall provide information on the safety construction measures of the construction project. For the construction project approved by the commencement report in accordance with the law, the construction unit shall, within 15 days from the date of approval of the commencement report, submit the measures to ensure safe construction to the local people's construction administrative department at or above the county level where the construction project is located or other relevant departments for the record.
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