Heavy! Jiangsu Housing and Construction Department issued a document! Involving the capital chain, acceptance and delivery of residential projects. ...

Recently, the Housing and Construction Department of Jiangsu Province released important documents!

Policy Interpretation of "Implementation Opinions on Implementing the Main Responsibility of Construction Unit's Project Quality"

Among them, the document clearly requires that the construction unit is the first person responsible for the quality of the project and should take full responsibility for the quality of the project according to law.

The implementation opinions will be formally implemented on 202 1 12 10.

Simply draw the key points:

1、

Adhere to the principle of first survey, then design and then construction. Go through the formalities of construction drawing design document review, construction permit and quality supervision.

It is not allowed to dismember the contracting, designate subcontractors in violation of regulations, directly contract out professional subcontracting projects such as ready-mixed concrete, and it is not allowed to designate the construction unit to purchase prefabricated building components, building materials and equipment needed for the project, or to designate manufacturers and suppliers in accordance with the contract.

According to the regulations, provide original materials related to the project construction to survey, design, construction, supervision and other units, and ensure their truthfulness, accuracy and completeness.

2、

It is strictly forbidden to blindly grab the construction period and grab the progress.

In case of work stoppage due to force majeure such as extreme weather, heavily polluted weather and major event guarantee, the construction period shall be compensated.

Determine the project cost scientifically and reasonably, and do not raise or lower the cost at will.

The contract shall clearly stipulate the adjustment method when the contract price changes due to labor, building materials, building components, equipment and other reasons, such as the delay of construction period.

Implement high quality and good price, encourage and support project-related contractors to strive for high-quality projects and build Tianjin project quality brand.

3、

The construction unit shall arrange the funds needed for the construction and pay the advance payment to the contractor in full and on time according to the contract.

Actively promote the settlement of construction process.

Not to design changes, engineering negotiations and other reasons to delay the settlement in disguise.

Government investment projects shall ensure that the funds are in place and paid on time in accordance with the relevant provisions of the state, and the unfinished audit shall not be used as a reason for delaying the settlement of the project.

4、

Strengthen the management of design changes of commercial housing: if the construction drawing design of pre-sale commercial housing is changed after passing the examination, it shall conform to the design changes agreed in the commercial housing sales contract and inform the purchaser in time, except for re-submission according to regulations.

If a real estate development enterprise sets up a model house in the pre-sale of commercial housing, it shall explain whether the quality, equipment and decoration of the actually delivered commercial housing are consistent with the model house. Without explanation, the actual delivery of commercial housing should be consistent with the model housing.

Do a good job in household acceptance of residential projects. If the household acceptance is not organized or the household acceptance is unqualified, the completion acceptance shall not be organized.

Strictly fulfill the quality warranty responsibility, establish a quality return visit and quality complaint handling mechanism, organize all construction parties to analyze the causes of quality problems involving housing safety, and clarify the maintenance plan. The design unit will issue design documents, and the construction unit will carry out special treatment according to the design requirements.

The original text is as follows:

Policy Interpretation of "Implementation Opinions on Implementing the Main Responsibility of Construction Unit's Project Quality"

On October 8th, 20021,11,the Provincial Department of Housing and Urban-Rural Development issued "Implementation Opinions on Implementing the Main Responsibility of the Construction Unit for Project Quality" (hereinafter referred to as "Implementation Opinions"), mainly aimed at housing construction and municipal infrastructure projects in our province (hereinafter referred to as "projects"). The implementation opinions will be released on June 8, 20021.

I. Background of the Implementation Opinions

The quality of the project is related to the safety of people's lives and property, is an important content of the high-quality development of the national economy and the quality power, is an important foundation for the high-quality development of housing and urban and rural construction, is an important starting point for the transformation and development of the construction industry, and is an important guarantee for building a beautiful and livable city. In 2020, the Ministry of Housing and Urban-Rural Development formulated and issued the Notice of the Ministry of Housing and Urban-Rural Development on Implementing the Main Responsibility of the Construction Unit for Project Quality (J [2020] No.9) (hereinafter referred to as the No.9 Document of the Ministry of Housing and Urban-Rural Development). In order to implement the decision-making arrangements of the CPC Central Committee and the State Council on quality work and improve the project quality responsibility system, the main responsibility of the construction unit was defined for the first time, and the quality responsibility that the construction unit should perform according to law was clarified, and the project was vigorously built with the main responsibility of the construction unit. In order to promote the implementation of the main responsibility of project quality of Jiangsu construction units, on the basis of systematically sorting out relevant laws and regulations, in-depth investigation, public consultation, full communication and serious summary and revision, our office has studied and formulated implementation opinions in combination with the actual situation of our province.

II. Purpose of the Implementation Opinions

(a) to further unify their thinking and understanding.

As the investor, decision-maker and organizer of the project, the construction unit plays a leading role in the project quality management system, and other participating units such as survey, design, construction and supervision. In accordance with the provisions of the law and the contract, assume the main responsibility for the quality of the project and fulfill the corresponding obligations. The construction unit is the first responsible person to provide qualified "engineering products" to the actual users of the project, especially for residential buildings, municipal infrastructure, stations, shopping malls, hotels, restaurants, bazaars, culture, education, health, sports, scenic spots, pension, public entertainment, religious activities and other personnel-intensive projects. In these cases, the actual users are often ordinary people rather than construction units. The quality of the project is more closely related to the safety of people's lives and property. The people are the most direct stakeholders of the project quality, and the first responsibility of the construction unit as a provider of "engineering products" is more important and prominent. The formulation of the "Implementation Opinions" is to further unify the important understanding that the construction unit should bear the "primary responsibility" for project quality.

(two) to promote the construction unit to implement the main responsibility of project quality.

On the basis of fully implementing the requirements of Document No.9 issued by the Ministry of Housing and Urban-Rural Development, the "Implementation Opinions" fully consider the practical operability and guidance according to the actual situation in Jiangsu, further increase and refine the relevant requirements, so that this system can be better implemented in Jiangsu and effectively play its role in improving the engineering quality in our province.

Three. Main contents of implementation opinions

(1) The primary responsibility of speeding up the project quality of the construction unit.

The construction unit is the first person responsible for the quality of the project, and takes full responsibility for the quality of the project according to law. Other responsible entities, such as survey, design, construction, supervision, testing, project general contracting, whole-process engineering consulting units, etc. Participate in the project construction activities through their contractual relationship with the construction unit, and assume corresponding responsibilities and obligations for the project quality according to the law and contract. The primary responsibility of the construction unit for the project quality mainly includes six aspects: First, strictly implement the legal procedures, adhere to the principle of first survey, then design and then construction, go through the formalities of examination of construction drawing design documents and construction permit according to regulations, organize the project completion acceptance according to regulations, and go through all kinds of special acceptance and project completion acceptance filing procedures. Second, the contract is awarded in strict accordance with the law, the laws and regulations on project contracting are strictly enforced, bidding activities are carried out in accordance with the law, the contract is not allowed to be dismembered or subcontractors are designated in violation of regulations, and written contracts are concluded with relevant units in accordance with the law to clarify the rights and obligations of both parties. The third is to ensure a reasonable construction period and cost. It is strictly forbidden for the construction unit to blindly compress the survey and design cycle and arbitrarily lower the survey and design cost. The construction period and project cost should be determined scientifically and reasonably. The contract shall clearly stipulate the adjustment method when the contract price changes due to labor, building materials, price changes of building components and equipment, delay in construction period and other reasons. Unlimited risk, all risks or similar expressions are not allowed to be used in the valuation to agree on the content and scope of risks, and the relevant provisions of high quality and good price should be implemented. Fourth, ensure that the construction funds are in place and the project funds are in place. The construction unit shall arrange funds to meet the needs of construction, provide the construction unit with the guarantee for payment of project funds in accordance with the regulations, directly allocate the labor costs to the special account for wages of migrant workers in the general contracting unit on time as agreed in the contract, promote the settlement of the construction process, strictly implement the time when the employer and the contractor complete the completion settlement check and sign for confirmation, and shall not delay the settlement in disguise for reasons such as design change and project negotiation. Government investment projects should be in accordance with the relevant provisions of the state and the province, to ensure that funds are in place and paid in time. Fifth, fully fulfill the responsibility of quality management in the whole process of engineering construction, establish and improve the quality management system of engineering projects, equip full-time personnel and clarify their quality management responsibilities, and be responsible for the quality of self-purchased building materials, building components and equipment. It is forbidden to express or imply that the construction unit uses unqualified building materials, building components and equipment, and it is forbidden to change drawings without authorization in the name of "design optimization" in violation of mandatory standards for engineering construction. Supervise the survey, design, construction, supervision and other units to earnestly fulfill their quality responsibilities, timely organize and deal with quality problems arising in the construction process, strictly manage quality inspection, and entrust testing institutions with corresponding qualifications to conduct inspection. Sixth, strict completion acceptance. After receiving the project completion report, timely organize relevant units such as survey, design, construction and supervision to conduct completion acceptance, and consciously accept the supervision of quality supervision institutions. It is strictly prohibited to resort to deceit in the process of completion acceptance, and to accept unqualified projects as qualified projects.

(2) Strengthen the quality management of residential projects.

For residential projects that are most directly related to people's basic living needs, such as commercial housing and affordable housing projects, the construction unit shall also perform the following quality responsibilities. First, strengthen the management of commercial housing design changes. If the design is changed after the pre-sale commercial housing construction drawing has passed the examination, it shall comply with the design change stipulated in the commercial housing sales contract, and inform the purchaser in time, in addition to being re-submitted for review in accordance with the regulations. The second is to do a good job in household acceptance of residential projects. If the household acceptance is not organized or the household acceptance is unqualified, the completion acceptance shall not be organized. Third, do a good job in quality information disclosure. Before the start of construction, the construction unit shall disclose the information such as the project planning permit, construction permit, engineering structure form, design service life, main building materials, contractors, project leaders, etc. The Model Text of Commercial Housing (Finished Housing) Sales Contract (Pre-sale) in Jiangsu Province (JSF-2020-01KLOC-0/) is encouraged for finished housing. If a real estate development enterprise sets up a model house in the pre-sale of commercial housing, it shall explain whether the quality, equipment and decoration of the actually delivered commercial housing are consistent with the model house. Without explanation, the actual delivery of commercial housing should be consistent with the model housing. Fourth, strictly fulfill the quality warranty responsibility and establish a quality return visit and quality complaint handling mechanism. For the quality problems related to housing safety, organize the construction parties to analyze the reasons and make clear the maintenance plan. The design unit issues the design documents, and the construction unit carries out special treatment according to the design requirements. After the maintenance is completed, the construction unit shall organize the acceptance, and encourage the construction unit to purchase insurance in accordance with the relevant provisions of the pilot project of potential defects insurance for residential engineering quality in our province. If the real estate development enterprise fails to insure the insurance for potential defects in the quality of residential projects, it shall provide the explanation materials for the quality warranty responsibility when applying for the completion acceptance record.

(three) to strengthen the supervision and management of the construction unit, to fulfill the primary responsibility of project quality.

Housing and urban construction departments at all levels should establish and improve the supervision mechanism for construction units to implement the main responsibility of project quality, effectively stimulate the endogenous motivation of construction units to actively improve quality, and ensure that the main responsibility of construction units is implemented. First, strengthen supervision, establish a daily inspection and differential supervision system, and increase the frequency and intensity of inspection of corresponding construction projects for construction units that fail to implement quality responsibilities and have serious violations of laws and regulations, as well as construction projects that reduce the construction period by more than 30% of the fixed construction period, fail to be priced according to regulations, and the proportion of project progress payment is less than 60%. The second is to strengthen credit management, strengthen the collection of project quality credit information of the construction unit and its legal representative and project leader, and strengthen the information disclosure of the results of the construction unit's performance of legal capital construction procedures. The third is to strengthen accountability. The violation of relevant laws and regulations by the construction unit should be severely punished according to law, and the legal representative and project leader should be held accountable. Fourth, strengthen the quality supervision of residential projects, improve the construction management mode of government-invested affordable housing projects, establish and improve the linkage mechanism between commercial housing project quality and housing pre-sale, explore the establishment of the linkage mechanism between real estate development enterprises' project quality and land bidding, and comprehensively improve the comprehensive management level of residential project leakage on the basis of pilot projects. Fifth, actively reform and innovate, give full play to the binding role of market mechanism, social supervision and government supervision on the construction unit to fulfill the main responsibility of quality, and steadily promote the reform pilots such as the publicity of housing project quality information, the insurance of potential defects in housing project quality, and the issuance of housing project quality certificates by households, so as to form replicable and popularized experiences as soon as possible.