How to solve quality disputes in construction, and how to solve construction quality disputes in con

If it is the main body, if you can change, the employer should not be very embarrassed for you, and the progress project will stop if you do not accept the payment. If you are a contractor of other affiliated professional projects, it is not easy to say that the situation is not clear.

If you really don't qualify, then come according to the contract. The heavy dry of the heavy dry, the repair of the repair.

You can actively collect construction evidence over and over again, actively negotiate with the employer on the one hand, and carry out legal prosecution on the other. Shenyang lawyer - Liu Zhengwei.

In addition, you can apply for engineering appraisal

If the quality is unqualified, it should be negotiated by the units to put forward the handling opinions, the construction unit in accordance with the treatment opinions to complete the rectification, the acceptance is qualified, the construction unit shall pay the project according to the contract, 1, you must now first understand which quality is unqualified, the unqualified parts are rectified as required, and reported to the construction unit from the new inspection and acceptance.

2. It may be that you have not had a good relationship with the contractor of Party A or someone, and normally speaking, the project is almost the same. Let's do a good job of the relationship first, and then change it appropriately according to their intentions, you have to let people go down the stage or let people behave less, and you can't reflect your level if you don't find something wrong with the construction site!

Legal analysis: The parties to the dispute can be resolved through negotiation, arbitration or litigation. The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: hand uproar.

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

3) There are litigation claims, facts, and reasons for the burial of the body;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The handling of construction project quality disputes is as follows: the employer may require the contractor to make rectification within a time limit, and the contractor who causes the rectification to be overdue shall bear the liability for breach of contract; If the quality does not meet the standards agreed in the contract, cannot be repaired, or still cannot meet the agreed quality standards after repair, the employer may reduce the payment of the project price.

[Legal basis].Article 781 of the Civil Code.

If the work products delivered by the contractor do not meet the quality requirements, the contractor may reasonably choose to request the contractor to bear the liability for breach of contract such as repair, rework, reduction of remuneration, and compensation for losses.

Article 799.

After the completion of the construction project, the employer shall carry out the acceptance in a timely manner in accordance with the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state. If the acceptance is qualified, the employer shall pay the price as agreed and accept the construction project. The construction project can only be delivered after the completion experience is qualified; If it has not been accepted or the acceptance is unqualified, it shall not be delivered.

Disputes over the quality of the project can be resolved by the parties through negotiation, mediation by a third party, or adjudication by the court. The court may first conduct mediation and preside over the conclusion of a mediation agreement, and if the mediation fails, a judgment may be made.

[Legal basis].

Article 93 of the Civil Procedure Law of the People's Republic of China.

In hearing civil cases, the people's courts shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation.

Article 96.

An agreement reached through mediation must be consensual and not coerced. The content of the mediation agreement must not contravene the provisions of the law.

Article 120.

The prosecution shall be submitted to the people's court with a pleading, and a copy shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 148.

The people's courts are to publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

1. If the quality of the construction project does not conform to the agreement due to the reasons of the constructor, the employer has the right to require the constructor to repair the lease or rework or reconstruct it free of charge within a reasonable period of time. After repair, rework or reconstruction, if the delivery is overdue, the constructor shall bear the liability for breach of contract.

2. If the construction project fails to pass the completion acceptance, and the repaired construction project passes the completion acceptance, and the employer requests the contractor to bear the repair costs, the court shall support it.

3. If the construction project fails to pass the completion acceptance, or the repaired construction project fails to pass the completion acceptance, and the contractor requests payment of the project price, the court will not support it.

4. If the quality of the construction project does not conform to the agreement due to the fault of the contractor, and the contractor refuses to repair, rework or reconstruct, and the employer requests a reduction in the payment of the project price, the court shall support it.

1. How to report the construction company's unqualified quality.

According to the provisions of the relevant laws of our country, if the quality of the project is unqualified, the insider can report to the local people's construction administrative department and other relevant departments at or above the county stool.

Article 47 of the Regulations on the Quality Management of Construction Projects Article 47 of the local people's construction administrative departments at or above the county level and other relevant departments shall strengthen the supervision and inspection of the implementation of laws, regulations and mandatory standards related to the quality of construction projects.

Article 48 When the people's construction administrative departments at or above the county level and other relevant departments perform their duties of supervision and inspection, they have the right to take the following measures:

A) require the inspected unit to provide documents and information on the quality of the project;

2) Enter the construction site of the inspected unit for inspection;

3) When problems affecting the quality of the project are found, they shall be ordered to correct.

Article 52 In the event of a quality accident in a construction project, the relevant units shall report to the local construction administrative department and other relevant departments within 24 hours. For major quality accidents, the construction administrative departments and other relevant departments at the place where the accident occurred shall, in accordance with the type and grade of the accident, report to the local people's ** and the construction administrative departments at higher levels and other relevant departments.

The investigation procedures for particularly major quality accidents shall be handled in accordance with the relevant regulations.

2. The quality level of the sub-project shall comply with the following provisions.

1. The quality of the sub-projects contained in the qualified branch projects all meet the qualified standards.

2. The quality of the sub-projects contained in the excellent sub-project shall be excellent on the basis of all meeting the qualified standards, of which 50 and more sub-projects shall be excellent, and the main sub-projects designated in the construction equipment installation project must be excellent. The designated main sub-projects are:

1) Boiler installation and gas pressure regulating device sub-project in the building heating sanitation and gas division project;

2) Power transformer installation, complete sets of distribution cabinets (panels) and power switchgear installation, and cable line sub-projects in the building electrical installation branch project;

3) Ventilation and air-conditioning sub-projects related to air purification;

4) Safety protection device and trial operation sub-project in the construction elevator installation sub-project.

If the dispute over the quality of the project can be resolved through negotiation, litigation, mediation and arbitration, the employer shall have the right to require the contractor to repair, rework or reconstruct the project free of charge within a reasonable period of time if the quality of the construction project does not conform to the agreement. After repairing or reworking or reconstructing the bucket, resulting in overdue delivery, the builder shall bear the liability for breach of contract.

According to Article 11 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts, "if the quality of the construction project does not conform to the agreement due to the fault of the contractor, and the contractor refuses to repair, rework or reconstruct, and the employer requests a reduction in the payment of the project price, it shall be supported." Article 3 stipulates that "if the construction project fails to pass the completion acceptance, it shall be dealt with in accordance with the following circumstances:

1) Where the repaired construction project passes the completion and acceptance, and the employer requests the contractor to bear the repair costs, it shall be supported;

2) If the repaired construction project fails to pass the completion acceptance, and the contractor's request for payment of the project price is not supported. ”

Accordingly, the contractor should bear the responsibility for quality defects.

1. Repair or rework or rebuild, and bear the relevant costs; If the delivery is delayed as a result, the employer shall be liable for liquidated damages or losses caused to the employer.

2. If the contractor refuses to repair, rework or rebuild, the employer may reduce the payment of the project price. The amount of the reduction of the project price shall be equivalent to the expenses incurred for rectification, the liquidated damages to be paid by the contractor for the late completion of the rectification, or the losses caused to the employer as a result.

1. What are the common situations in which the employer should bear the responsibility for quality?

The employer shall be liable for fault in any of the following circumstances that causes defects in the quality of the construction project:

1) The design of the award for rent is flawed;

2) The building materials, building accessories, and equipment provided or designated for purchase do not meet the mandatory standards;

3) Directly designate a subcontractor to subcontract a professional project.

If the contractor is at fault, it shall also bear the corresponding responsibility for the fault. "The fault of the contractor referred to here refers to:

1. The contractor knows or should know about the defects in the engineering design, but does not raise them, and continues the construction;

2. The contractor has not inspected the building materials, building accessories and equipment provided or designated to be purchased by the employer, or the construction materials are still used after inspection;

3. The employer's request to reduce the quality of the project in violation of laws, regulations and construction project quality and safety standards shall not be changed indiscriminately.

The defects in the quality of the project caused by the survey and design are within the scope of the contractor's exemption, and the employer shall first bear responsibility for the contractor, and then the employer shall claim rights from the survey and design party in accordance with the agreement.