What are the punishment measures and relevant regulations for the adverse effects caused by the unqualified quality of construction drawings and budgetary estimate design units?

The second one is

Provisions on handling bad behaviors in construction projects

(owner)

I. Real estate development enterprises

Content of bad behavior

1, engaged in development and operation business without development qualification certificate or beyond the qualification level;

2. Alter, lease, lend, transfer or sell the qualification certificate;

3. The annual inspection of development enterprise qualification is determined as a procedure for rectification and suspension of qualification within a time limit;

4. Failing to go through the qualification change procedures as required or failing to attend the annual qualification inspection on schedule without justifiable reasons.

5, unauthorized transfer of real estate development projects, did not go through the formalities for change;

6. Avoid bidding for projects that must be tendered;

7. Failing to determine the winning bidder according to law;

8. Soliciting bribes or colluding with the bidding unit or the bidding agency entrusted by it to disclose the secrets of bidding;

9, unfair or due to mistakes, dereliction of duty, resulting in serious consequences and adverse effects;

10, construction started without obtaining the construction permit of real estate development project or obtaining the construction permit;

1 1. Failing to follow the approved construction drawing or changing the nature of the project without authorization;

12. Failing to review the construction drawing documents according to law or make major design changes to the design documents during the construction process, and failing to report the changed construction drawing to the original construction drawing review institution for review and approval; Modify the design drawings without authorization;

13, public facilities such as municipal public facilities, sanitation facilities and property management houses in the development community are not built according to the specified requirements;

14. Failing to bid for the survey, design, construction and supervision of engineering construction projects and the procurement of important equipment and materials according to law, and contracting out the project to engineering survey and design units and engineering supervision, construction enterprises, bidding agents, test detection and engineering cost consulting institutions without corresponding qualification grades;

15, express or imply that the survey, design, construction and supervision units violate the mandatory standards, express or imply that the construction enterprises use unqualified building materials, building components and equipment, which reduces the quality of the project;

16. After the project is put into use, residents' collective complaints are caused due to the project quality or the failure to effectively perform the contract and relevant regulations, resulting in adverse social impact;

17. Forcing the construction unit to carry out dangerous construction when the conditions for safe production are not available at the construction site, and there are major safety hazards at the site, even causing casualties or major engineering quality and safety accidents due to poor management during the construction process;

18. Failing to pay construction project funds and engineering survey, design, supervision, cost consultation, bidding agency, test and detection fees as agreed in the contract, or charging fees in violation of regulations;

19, arbitrarily compress the reasonable construction period;

20. Other illegal acts that affect the quality and safety of the project and disrupt the order of the construction market.

(2) Provisions on handling bad behaviors

If the development enterprise has bad behavior, the functional department shall impose administrative punishment according to laws and regulations.

Anyone who is punished by 1 time will be recorded in the bad behavior file by the Construction Bureau and included in the "blacklist", and the development qualification of the development enterprise will be cancelled within a certain period (the specific period will be determined separately).

If the development enterprise has bad behaviors, before the implementation of administrative punishment, the development enterprise will rectify itself without administrative punishment, but if it is recorded in the bad behavior file for more than 2 times (including 2 times), it will be included in the "blacklist" and its development qualification will be cancelled within a certain period of time.

Second, other construction units

Content of bad behavior

1. Failing to review the construction drawing documents according to law or make major design changes to the design documents during the construction process, and failing to report the changed construction drawing to the original construction drawing review institution for review and approval; Modify the design drawings without authorization;

2. Avoid bidding for projects that must be tendered;

3. Failing to determine the winning bidder according to law;

4. Soliciting bribes, accepting bribes and colluding with the bidding unit or its entrusted bidding agency to reveal the secrets of bidding;

5, unfair or due to mistakes, dereliction of duty, resulting in serious consequences and adverse effects;

6, do not have to handle the tender and tender conditions;

7. Restrict or exclude potential bidders;

8, the project should be open tender without the approval of the competent department of public bidding;

9. Failing to set up a bid evaluation committee in accordance with the provisions of laws and regulations;

10. Failing to sign a written contract with the winning bidder in accordance with laws and regulations, or failing to file the contract in accordance with regulations;

1 1. Sign a "Yin-Yang Contract" with the construction unit;

12. Failing to bid for the survey, design, construction and supervision of engineering construction projects and the procurement of important equipment and materials in accordance with the law, and contracting out the project to engineering survey and design units and engineering supervision, construction enterprises and bidding agents, test and testing, and engineering cost consulting institutions without corresponding qualification grades;

13, without obtaining the construction permit;

14, defrauding, forging or altering the construction permit;

15. Dismantling the project or transferring the contract in violation of regulations;

16. The renovation project involving the change of the main building and load-bearing structure has not been constructed by the original design unit or a design unit with corresponding qualification grade;

17. Failing to pay construction project funds and engineering survey, design, supervision, cost consultation, bidding agency, test and detection fees as agreed in the contract, or charging fees in violation of regulations;

18, express or implied that the survey, design unit or construction unit violates the mandatory standards for engineering construction, or the purchased building materials, building components and equipment do not meet the design documents and contract requirements, which reduces the quality of the project;

19. The purchased building materials, building components and equipment do not meet the design documents and contract requirements, and the construction unit explicitly or implicitly uses unqualified building materials, building components and equipment;

20, did not organize the completion acceptance or unqualified acceptance delivery;

2 1, the project that must be supervised has not been entrusted with supervision;

22. Failing to go through the supervision procedures for project quality and safety or refusing to implement the requirements for quality and safety rectification put forward by the project quality and safety supervision institution;

23. Arbitrarily compress the reasonable construction period;

24. Failing to submit a written bid evaluation report according to law;

25, the project cost consultation results are not in accordance with the relevant provisions by qualified engineering cost consulting institutions and registered cost engineers signed and sealed;

26, hinder or not cooperate with law enforcement agencies to investigate and handle complaints;

27. Other illegal acts that affect the quality and safety of the project and disrupt the order of the construction market.

(2) Provisions on handling bad behaviors

In case of the above-mentioned bad behavior, in addition to punishment according to the law and regulations, it will be notified according to the seriousness of the case, and the media will expose it when necessary, and it is suggested that the relevant departments should hold the relevant responsible persons accountable.

Provisions of Changshu Municipality on Handling Bad Behaviors in Construction Projects

(Engineering survey and design units and related employees)

A, engineering survey and design units

(A) bad behavior scoring standards

1, one of the following acts, each time 100 points.

1. 1, and obtained the qualification by deception or fraud. ;

1.2, forging or altering qualifications, qualification certificates or annual inspection records;

1.3, undertaking survey and design business without a license or beyond the scope permitted by the qualification grade;

1.4, subcontracting or illegally subcontracting survey and design business;

1.5. Undertaking survey and design business by colluding with the construction unit, colluding between units, bribing relevant personnel, or bribing or accepting bribes from relevant parties and personnel in business activities;

1.6. It is confirmed that the drawings are not approved due to serious violation of the standards, specifications, technical specifications of engineering survey and design and mandatory provisions and standards of construction projects promulgated by the state and Jiangsu Province, or because the depth of survey and design is not up to the requirements, and it is considered that there are problems that seriously affect the structural safety and public safety;

1.7. The engineering survey and design unit conducts survey and design in violation of mandatory provisions and standards of engineering construction, and still fails to correct it after being pointed out by the construction drawing review institution;

1.8. The engineering survey unit practices fraud and provides false survey results, but the design unit has no survey results or fails to design according to the survey results;

1.9, 4 or more engineering quality and safety accidents occurred due to survey and design reasons;

1. 10, in the name of others or allowing others to undertake survey and design business in the name of the unit;

1. 1 1, obstructing or not cooperating with law enforcement departments in investigating and handling complaints;

1. 12 Other serious violations of laws and regulations that may seriously affect the quality of engineering survey and design and disrupt the order of the construction market.

2, one of the following acts, 50 points each time.

2. 1, the design unit failed to design according to the national capital construction procedures;

2.2, design documents in violation of the relevant provisions of the state designated building materials, building components, equipment manufacturers and suppliers;

2.3. Disobeying the management of the industry management department;

2.4, vicious competition;

2.5. Other illegal acts that may affect the quality of engineering survey and design and disrupt the order of the construction market.

3, one of the following acts, deducted 20 points each time.

3. 1. Before the construction drawing is examined and approved, the survey and design documents are revised for more than two times after the quality problems are found through examination;

3.2. Survey and design units and registered practitioners fail to sign survey and design documents as required;

3.3, survey and design units do not participate in technical disclosure, the blue prints.the design, slot inspection, intermediate acceptance, completion acceptance and engineering quality accident analysis;

3.4. Using building materials, building components and equipment that do not meet the design requirements and product quality standards in the design documents;

3.5, engineering survey and design units outside the city to undertake business in this city did not go through the qualification verification procedures with the higher authorities in accordance with the relevant provisions.

(2) Provisions on handling bad behaviors

1. If the annual score of survey and design units in this city reaches 100 or above (including 100), they shall report to the relevant construction administrative departments at higher levels in time and make rectification within a time limit. This unit will be restricted from undertaking engineering survey and design business this year, and it will be one of the important basis for its annual inspection and preliminary examination.

2. If the annual score of the survey and design unit outside the city reaches 100 (including 100), it shall report to the relevant construction administrative department at the higher level in time, and send a copy to the construction administrative department where the unit is located, and make rectification within a time limit. If this year is restricted to undertake engineering survey and design business in our city and the score reaches 100 for two consecutive years, one year will be cancelled.

3, survey and design units in violation of the relevant laws and regulations of construction projects, will be given corresponding administrative punishment in accordance with the relevant laws and regulations, shall be investigated for the administrative responsibility of leaders and main responsible personnel, constitute a crime, shall be investigated for criminal responsibility by judicial organs according to law.

Second, employees of engineering survey and design units

(A) bad behavior scoring standards

1, one of the following acts, each time 100 points.

1. 1, obtaining qualification by means of deception or fraud;

1.2. Forge or alter qualification certificates or annual inspection records;

1.3, practicing without a license or beyond the qualification;

1.4, practicing in the name of others or allowing others to practice in their own name;

1.5, because of serious violation of engineering survey and design standards, specifications and technical regulations, or because the depth of survey and design can not meet the requirements, it is considered that there are problems in the drawing that seriously affect the structural safety and public safety, and it is confirmed that the drawing is not approved;

1.6, the survey and design violates the mandatory provisions and standards of engineering construction, and is still not corrected by the construction drawing review institution;

1.7. Engineering surveyors practise fraud and provide false survey results, while design registered practitioners have no survey results or fail to design according to the survey results;

1.8, 4 or more engineering quality and safety accidents occurred due to survey and design reasons;

1.9. Registered practitioners engage in survey and design activities in their own names and collect fees;

1. 10, registered practitioners and other professional and technical personnel are employed by more than two survey and design units at the same time;

1. 1 1, obstructing or not cooperating with law enforcement departments in investigating and handling complaints;

1. 12, other serious violations of laws and regulations that may seriously affect the quality of engineering survey and design and disrupt the order of the construction market.

2, one of the following acts, 50 points each time.

2. 1, the design documents violate the relevant provisions of the state to specify the manufacturers and suppliers of building materials, building components and equipment;

2.2. Other illegal acts that may affect the quality of engineering survey and design and disrupt the order of the construction market.

3, one of the following acts, deducted 20 points each time.

3. 1. Before the construction drawing is examined and approved, the survey and design documents are revised for more than two times after the quality problems are found through examination;

3.2. Failing to sign the survey and design documents as required;

3.3, do not participate in technical disclosure, the blue prints.the design, slot inspection, intermediate and final acceptance and engineering quality accident analysis;

3.4. Using building materials, building components and equipment that do not meet the design requirements and product quality standards in the design documents;

(2) Provisions on handling bad behaviors

1, the annual cumulative score of 100 (including 100) or more, will promptly report to the relevant construction administrative department at a higher level, send a copy to the person's work unit, make rectification within a time limit, restrict or even cancel the person's survey and design work in our city this year, and serve as an important basis for the annual qualification inspection.

2. For construction projects that violate relevant laws and regulations, corresponding administrative penalties will be given in accordance with relevant laws and regulations. If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.

Provisions of Changshu Municipality on Handling Bad Behaviors in Construction Projects

(Construction enterprise and project manager)

I. Construction enterprises in the construction industry

(A) bad behavior scoring standards

1, one of the following bad behaviors, 100.

1. 1, who practices fraud or conceals the real situation in the process of qualification declaration, promotion, annual review and registration;

1.2. Contract the project beyond the qualification level or business scope, alter or forge the qualification certificate, lend or borrow the qualification certificate or allow others to contract the project in the name of the enterprise in other ways;

1.3, colluding with the construction unit or enterprise, bidding agency or cost consulting agency to bid, or defrauding the bid by improper means, or after the bid-winning notice is issued, the winning bidder refuses to sign a construction contract and a clean government contract without justifiable reasons, or bids or undertakes business in the name of other units, or subcontracts or illegally subcontracts the undertaken project, or signs a contract without following the bidding documents and the bidding documents of the winning bidder, or colludes with each other to sign a "Yin-Yang contract".

1.4. The bidder bids maliciously at a price lower than the cost, causing quality and safety problems or contract performance disputes, or giving up the qualification of the candidate for winning the bid without reason;

1.5, the project subject to tender did not go through the relevant formalities in the market; Or construction without obtaining the construction permit (or approving the commencement report), or construction beyond the scope specified in the construction permit;

1.6, violating the mandatory provisions of construction projects;

1.7, failing to construct according to the approved design documents or construction organization design scheme, causing serious consequences; Modifying the engineering design without authorization;

1.8, and the engineering quality and safety accidents of Grade IV and above occurred;

1.9, concealing, making false reports, delaying the reporting of engineering quality and safety accidents, or damaging the accident site or obstructing the accident investigation;

1. 10, which hinders the investigation and handling of complaints;

1. 1 1. Enterprises outside the city have not gone through the registration formalities for undertaking the business of this volume;

1. 12, deliberately delaying or deducting the wages of migrant workers, which is influential;

1. 13, other illegal acts that may seriously affect the quality and safety of the project and disrupt the order of the construction market.

2, one of the following bad behavior, plus 50 points.

2. 1, in the bidding process, provide false certification materials, and correct them on their own without affecting the winning result;

2.2. After the bid was shortlisted, he did not participate in the bid for three times in one year;

2.3. Non-tendering projects are constructed without going through relevant formalities in the market;

2.4. Failing to complain twice according to the prescribed procedures or complaining twice is untrue;

2.5. Do not participate in bid evaluation and inquiry for no reason;

2.6, industry management department inspection unqualified, informed criticism or ordered to stop work.

2.7, Jerry-building, fraud, reduce the quality of the project, or use unqualified engineering raw materials, components and equipment;

2.8, the completion acceptance is unqualified at a time;

2.9, quality problems or unqualified project completion acceptance not timely rework, repair;

2. 10, failure to sign the project quality warranty, or failure to perform the warranty obligations or delay in performing the warranty obligations, resulting in complaints and verified;

2. 1 1, quality and safety accidents below level 4 or fire or equipment accidents;

2. 12. If the project quality of subcontractors is not supervised and managed, the subcontracting filing formalities shall not be handled;

2. 12, alter or forge engineering technical data or documents.

2. 13, disobeying the management of the industry management department;

2. 14. Other illegal acts that may affect the quality and safety of the project and disrupt the order of the construction market.

3, one of the following bad behavior, 20 points.

3. 1, the project did not go through the relevant occupation and excavation procedures according to the urban construction regulations;

3.2. Failing to make a complaint once or making a false complaint once according to the prescribed procedures;

3.3, according to the provisions, need to hold relevant certificates of homework personnel, without obtaining a certificate, or construction personnel failed to pass the education, training and assessment in accordance with the provisions, work at his post without authorization;

3.4, the project management team is not equipped in accordance with the provisions, or in the professional, quantity does not meet the engineering requirements, change without authorization;

3.5. Due to the reasons of the construction unit, the project failed to pass the completion acceptance for the record;

3.6. Failing to check and record the quality of concealed works or entering the next working procedure without the signature of the supervision engineer;

3.7, name, address, personnel and other major changes did not go through the formalities;

3.8. Failure to effectively protect adjacent buildings, structures, underground pipelines, municipal public facilities, etc. , causing damage;

3.9. Failing to use special facilities for safe and civilized construction as required;

3. 10, failing to inspect all kinds of raw materials of the project according to regulations, and using them without authorization;

3. 1 1, mortar and concrete test blocks are not retained and maintained as required;

3. 12, unable to provide information related to the quality and safety of the construction site;

3. 13. The signing procedures of relevant documents of the project are incomplete, or the project documents and materials are not formed and collected in time, and the documents and materials are supplemented afterwards;

3. 14, unreasonably delaying or failing to hand over engineering technical data or files to relevant departments as required;

3. 15. Failure to take effective measures to keep engineering documents and materials as required, resulting in damage or loss;

3. 16, failure to perform the terms of the contract without reason and delay the construction period;

3. 17, failing to conduct safety evaluation and completion acceptance as required;

3. 18, in violation of civilized construction requirements or environmental sanitation and urban management regulations;

3. 19, the report is not submitted on time or the content is untrue;

3.20. Failing to handle the contract filing as required;

3.2 1, other violations of normative management documents.

(2) Provisions on handling bad behaviors

1, if the annual cumulative score exceeds 100 (including 100), 0. 1 minute will be deducted when bidding, and the scoring time will be 3 months from the date when the score exceeds 100.

2. If the annual cumulative score reaches 150 (including 150), 0.2 points will be deducted when bidding, and the scoring time will be 3 months from the date when the score reaches 100.

3. If the annual cumulative score is above 200 points (including 200 points), 0.3 points will be deducted when bidding, and the scoring time will be 6 months from the date when the score is above 100.

In case of safety accident, the bidding score shall be executed according to the original regulations.

The cumulative score is above 100 (including 100), and the annual credit rating is the lowest, so the pre-evaluation qualification of various participating industries is cancelled.

If the cumulative score exceeds 150-200 (including 150, 200), depending on the seriousness of the case, the annual inspection conclusion of qualification is basically qualified and unqualified, and it is suggested that the issuing department order it to suspend business for rectification, lower its qualification level and cancel its qualification certificate (punishment).

Second, the construction enterprise project manager

(A) bad behavior scoring standards

1, one of the following acts, 100.

1. 1, four-level and above engineering quality and safety accidents occurred;

1.2, concealing, making false reports, delaying the reporting of engineering quality and safety accidents, or damaging the accident site or obstructing the accident investigation;

1.3 Construction without obtaining the construction permit (or approving the commencement report), causing serious consequences;

1.4. Alter, sell or transfer the qualification certificate of the project manager;

1.5, failing to perform the duties of the project manager seriously, violating the mandatory national standards, cutting corners during the construction process, using unqualified engineering materials, and failing to follow the construction specifications or technical standards, which has serious hidden dangers in engineering quality, construction safety, civilized construction on site, etc., and has been ordered by the relevant administrative departments to stop work for rectification or informed criticism;

1.6, failing to construct according to the approved construction organization design scheme, causing serious consequences;

1.7, failing to construct according to the construction drawing or construction technical standards, causing serious consequences;

1.8, and the construction drawing has passed the examination;

1.9. Other illegal acts that may affect the quality and safety of the project and disrupt the order of the construction market.

2, one of the following acts, 50 points.

2. 1, unqualified by the relevant administrative department informed criticism or ordered to stop work;

2.2, in the process of project construction, the project manager didn't perform their duties seriously, check less than three times at all levels;

2.3, should review the construction drawing without examination of qualified engineering construction;

2.4. Failing to check and record the quality of concealed works according to regulations, thus causing serious consequences;

2.5. Failing to conduct on-site sampling of test blocks, test pieces and related materials related to structural safety in accordance with regulations, and failing to send them to engineering quality testing institutions for testing in accordance with regulations;

2.6, without the signature of the supervision engineer, into the next working procedure construction, resulting in consequences;

2.7. Unauthorized use of building materials, building components, equipment and commercial concrete without inspection;

2.8, quality problems or unqualified project completion acceptance not timely rework, repair;

2.9. A quality and safety accident below Grade 4 or a fire or equipment accident occurs;

2. 10, altering or forging engineering technical data or documents;

2. 1 1. Disobeying the management of the industry management department.

3, one of the following acts, deducted 20 points.