Who is responsible for the flood of the unpaid renovation project

The questioner's question is divided into two parts: first, the loss of the delay is borne by the owner (customer) and can be claimed. Article 283 of the Contract Law stipulates that "if the employer fails to provide raw materials, equipment, site, funds and technical materials within the agreed time and requirements, the contractor may postpone the date of the project and shall have the right to claim compensation for losses such as suspension of work and nest work."

It is the employer's obligation to provide the construction site (unless otherwise agreed). According to Article 8 of the "Employer's Work" of the "Construction Contract Demonstration Based" (if it is signed for direct use, it can be applied as a project practice if it is not signed), "the employer shall complete the following work in accordance with the content and time agreed in the special terms:

Handle land acquisition, demolition compensation, leveling the construction site, etc., so that the construction site has the construction conditions, and continue to be responsible for solving the remaining problems of the above matters after the start of construction; ......The obligation to simply express "seven links and one leveling" is generally with the employer. Operate in accordance with the provisions of Article 11 "Commencement and Postponement of Commencement" (Recommendation Letter),".

The contractor shall commence construction in accordance with the date of commencement of construction as agreed in the agreement. If the contractor fails to start construction on time, it shall submit in writing to the engineer the reasons and requirements for postponing the commencement of construction no later than the day before the date of commencement of construction agreed in the agreement. The engineer shall reply to the contractor in writing within one hour of receiving the application for postponement of commencement.

If the engineer does not reply within hours after receiving the application for postponement of construction, it shall be deemed to have agreed to the contractor's request, and the construction period shall be extended accordingly. If the engineer does not agree to the extension request or the contractor fails to submit the request for an extension of the commencement of construction within the specified time, the construction period will not be extended.

If the employer is unable to commence construction in accordance with the date agreed in the agreement, the engineer shall notify the contractor in writing to postpone the commencement date. The employer shall compensate the contractor for the losses caused by the delay in the commencement of construction, and extend the construction period accordingly. Second, the actual economic loss in the site, because the project has not been delivered, you have not entered the site (not started), according to the "Construction Contract Conditions for Construction Projects", most of the losses shall be borne by the owner.

According to Article 37 of the exemplary-based annex "Conditions of Contract for Construction of Construction Projects" (similarly, if it is not signed, it can be applied as a practice in the engineering industry), "after the occurrence of force majeure, Party B shall take prompt measures to reduce the losses as much as possible, and report the damage to Party A's representative within 24 hours, and report the losses and the costs of cleaning and repair to Party A at the time agreed in the terms of the agreement." If the disaster continues, Party B shall report the disaster to Party A every 10 days until the disaster is over. Party A shall provide necessary conditions for disaster treatment.

The costs incurred due to the disaster shall be borne by both parties:1The damage of the project itself shall be borne by Party A; 2.

Personnel** shall be responsible for the unit to which they belong and bear the corresponding expenses; 3.Party B shall be responsible for the damage and shutdown of Party B's equipment and machinery; 4.The responsibility and cost of the required clean-up and restoration work shall be agreed in a supplementary agreement signed by both parties.

For other matters, please consult me Criminal defense, engineering lawyer Liu Wenguang.

Both parties are responsible, and the construction party should remind Party A.

This is to find the property, and then there is a developer and the owner to coordinate the matter.

If it is the problem of the drawings, Party A should be responsible, if the construction party does not follow the drawings of the construction, that is the responsibility of the construction party, if the construction party finds that the problem is the chief engineer forcibly requires the construction, then it belongs to the responsibility of the project department, the key is whether the construction party sees that there is a problem with the drawings or the chief engineer requires that the construction party has not stated, the construction party has found the supervision to review the no, if these construction parties have done it, the construction party has no responsibility, and the supervision has no responsibility.

This situation is very unfavorable to you, but there is no delay in preparing for the law, so you can only negotiate with the decoration company, and then sign a supplementary agreement to clarify the completion date and the postponement of the liquidated damages.

【Article 10】 If the contractor causes damage to a third party or causes its own damage in the process of completing the work, the contractor shall not be liable for compensation. However, if the maker is negligent in the ordering, instruction or selection, he shall bear the corresponding liability for compensation.

Article 11] If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.

If an employee suffers personal injury due to a work safety accident in the course of employment activities, and the employer or subcontractor knows or should know that the employer receiving the contract or subcontract business does not have the corresponding qualifications or conditions for safe production, it shall be jointly and severally liable with the employer for compensation.

What is called a problem with the selection.

You first look at the breach of contract by Party A, and if there is any, negotiate with him, if not, it will be more troublesome. Because litigation costs energy and money. You can't go and sue, think for yourself.

If you pay a deposit, you can ask the other party to return it double. The rest depends on the indemnity clause stipulated in the contract. If there are no specific provisions, you can see whether the other party has caused you losses, and if there are losses, you can ask the other party to compensate.

Haven't you already signed the contract, take a look at how the contract is agreed, and then negotiate with Party A in accordance with the contract, Party A does not accept **, ignore and ignore the other practices that make the interview unsuccessful, first send a lawyer's letter, if it still can't be resolved, and finally resort to law. Regardless of whether you resort to law or not, as long as there is an agreement in the contract, Party A must compensate you as agreed. However, generally when the settlement is resolved through negotiation, both parties will definitely make some concessions, but if they resort to law, they must be executed according to the contract, OK.

In the case of a contract signed on the basis of equality and voluntariness, both parties have the responsibility and obligation to act in accordance with the content of the contract. In case of breach of contract by either party, it shall be punished in accordance with the liability for breach of contract agreed in advance in the contract.

For example, in a sales contract, Party A is the buyer and Party B is the seller.

If Party B fails to deliver the specified goods to the specified place with the specified quality within the specified time, Party A may claim compensation for breach of contract.

If Party A fails to pay the payment within the time agreed in the contract, Party B can also claim compensation for breach of contract.

Do whatever you want to write on the contract.

Personal opinion: First of all, if the cause is indeed the failure of his old equipment (provide relevant evidence), it must be the responsibility of their original equipment manufacturer or integrator. Another is that you should write this problem into the contract with them before the transformation, because if the old equipment fails, there will often be a problem of kicking the ball!

Responsibilities should be clearly divided in the contract.

According to the "Interim Measures for the Investigation of Lifetime Responsibility for the Quality of the Project Leader of the Five-Party Responsible Entity of Construction Engineering", the five-party responsible entity of the construction project refers to the project leader of the construction unit, the project leader of the survey unit, the project leader of the design unit, the project manager of the construction unit, and the chief engineer of the supervision unit who undertake the construction of the construction project. The specific responsibilities are as follows:

1. The person in charge of the project of the construction unit shall bear full responsibility for the quality of the project, and shall not illegally award or dismember the contract, and shall not require the survey, design, construction and supervision unit to violate laws and regulations and engineering construction standards for any reason, reduce the quality of the project, and shall be liable for the project quality accidents or quality problems caused by its illegal and illegal or improper behaviors.

2. The person in charge of the project of the survey and design unit shall ensure that the survey and design documents meet the requirements of laws and regulations and mandatory standards for engineering construction, and shall bear responsibility for the project quality accidents or quality problems caused by the survey and design.

3. The project manager of the construction unit shall carry out the construction in accordance with the construction drawing design documents and construction technical standards that have been reviewed and qualified, and shall bear responsibility for the project quality accidents or quality problems caused by the construction.

4. The supervising engineer of the supervision unit shall supervise in accordance with laws and regulations, relevant technical standards, design documents and project contracting contracts, and assume supervision responsibility for the construction quality.

According to the laws and regulations of China, the five parties responsible for the construction project include the project leader of the construction unit, the project leader of the survey unit, the project leader of the design unit, the project manager of the construction unit, and the chief engineer of the supervision unit.

Architecture is all about us, it's everywhere. From our homes, to roads, bridges, buildings, and so on. Therefore, its security has attracted more and more people's attention.

In the construction project, the state has carried out a full range of mandatory provisions and mandatory supervision on the rights and obligations of each responsible party, so that the safety of our lives can be guaranteed to a great extent.