How does the state stipulate the quality accidents of construction projects?

How to trace the responsibility for the damage and injury caused by the falling off of the external wall of the building? How to deal with risks? -"External wall falling off" is a common quality and safety problem in the use of houses. The risk comes not only from the design, construction and materials during the construction period, but also from the management work of inspection, maintenance and repair during the construction period. The persons responsible for the risk accident of "external wall falling off" are also involved in a wide range, not only the developers and construction units during the warranty period of building quality, but also the owners, tenants and property rights units during the use of the building.

In particular, the quality and safety accidents caused by "external wall falling off" have great risk uncertainty, which may cause certain property economic losses and may pose a serious threat to personal life and safety. Therefore, on the one hand, the quality and safety accident of "external wall falling off" has unpredictable accident losses and damage results, on the other hand, there are many responsible persons and the responsibility tracing is complicated.

1, the responsibility can be traced back.

When the external wall of a building falls off, the main body responsible for quality and safety is different during the use of the project quality within the warranty period and outside the warranty period. Therefore, the occurrence period of risk accidents becomes the key factor to define the corresponding responsible subjects.

quality assurance date

China's "Measures for Quality Warranty of Housing Construction Projects" stipulates that during the warranty period, if the owner, user or third party suffers personal or property damage due to the quality defects of housing construction projects, the owner, user or third party may claim compensation from the construction unit. The construction unit shall recover from the responsible party that caused the quality defects of the housing construction project.

According to the above regulations, whether the occurrence time of the risk accident of "external wall falling off" is within the corresponding quality warranty period will determine whether the construction unit needs to bear the corresponding quality warranty and loss compensation responsibility.

Generally speaking, the projects involved in building external wall shedding mainly include external wall insulation engineering and external wall decoration engineering. According to China's "Civil Building Energy Conservation Regulations" and "Construction Engineering Quality Management Regulations", the warranty period of external wall insulation project is 5 years, and the warranty period of external wall decoration project is 2 years. During this period, the construction unit shall be liable for the damage or injury caused by waterproof, leakage, insulation materials or external wall veneer falling off, and of course, the construction unit may also claim compensation from the corresponding responsible party.

Beyond the warranty period

In our country, the provisions on the responsibility of the external wall falling off during the quality guarantee period of a building are first found in Article 126 of the General Principles of the Civil Law: if a building or other facilities and the shelving or hanging objects on the building collapse or fall off or cause damage to others, its owner or manager shall bear civil liability, unless he can prove that he is not at fault.

Article 85 of Tort Liability Law further extends the liability to users on the basis of the general principles of civil law: if buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability.

Therefore, the main body responsible for the external wall falling off during the warranty period includes: 1. Owner (owner); 2. Manager (Property) 3. Users (rental users). In practice, the owners and users of houses and residential buildings are usually the owners. Therefore, the corresponding responsibility tracing is also carried out around the two responsible subjects of "owner" and "property".

According to the provisions of Article 70 of the Property Law, the owner enjoys the ownership of the exclusive parts of buildings such as business buildings, and the condominium of the * * * parts other than the exclusive parts. In other words, the owner has the right to "* * * have * * * management" on the external wall of the building, and at the same time, he also bears the liability for compensation for the corresponding quality and safety accidents. In legal cases, it is not uncommon that "one person is killed or injured, and the owner of the whole building is liable for compensation".

According to the "Property Management Regulations", the property service company accepts the entrustment of the owner and assumes the management responsibility for the building. That is, for buildings with property management services, the property service company is responsible for the inspection, maintenance and repair of their external walls, and the corresponding damage losses should also be liable for compensation.

2. Risk response

With the increase of new high-rise residential projects and the extension of the service life of old residential quarters in China, the risk of "external wall falling off" of buildings is increasing. As the main body responsible for the risk accident of "external wall falling off", the construction unit, the owner and the property service company urgently need effective risk coping means to avoid the economic compensation losses caused by the risk accident.

construction unit

The responsibility of the construction unit for the quality and safety of "external wall falling off" mainly focuses on the quality guarantee period. As mentioned above, the projects involved mainly include "external wall insulation project" and "external wall decoration project", and the warranty period is 5 years and 2 years respectively.

The main way for the construction unit to prevent and deal with the risk of "external wall falling off" is not only to check and accept the project in strict accordance with the corresponding standards and norms at the completion stage, but also to make full use of engineering insurance as an effective risk management tool to prevent and resolve all kinds of quality and safety risks.

IDI engineering quality potential defect insurance

It refers to the insurance that the quality of the project does not meet the mandatory standards of engineering construction and the contract due to reasons such as design, materials, construction, etc., and the quality defects such as water leakage, cracks, inclination and external wall falling off of the building are exposed in the course of use, and the insurance company shall bear the responsibility for replacement, maintenance or loss compensation.

However, it should be noted that the insurance liability of IDI engineering quality potential defect insurance is limited to the replacement, maintenance or loss compensation expenses of the building quality defect itself. Its main function is to provide risk management services covering the whole building life cycle, and to avoid the occurrence of quality and safety risks from the sources of technology, materials and management.

property management company

Entrusted by the owner, the property management company provides property management services, including inspection, maintenance and management of building external walls, in the form of collecting property management fees, and undertakes corresponding liability for damages. In practice, many property companies lack the corresponding awareness of safety management, and rarely carry out regular inspection and maintenance on the external walls of buildings. At the same time, maintenance involves a lot of money, and it is often difficult for property companies to achieve effective maintenance. Therefore, the risk of the property company's liability for compensation is greater.

According to the Measures for the Administration of Property Service Charges and the Measures for the Supervision and Examination of Property Service Pricing Costs, property fees should include the insurance premium of public liability insurance. Thus, in addition to the construction unit can effectively prevent and avoid the risk of building external wall falling off through insurance, the property company can also transfer its responsibility for risk accidents through insurance claims.

public liability insurance

Public liability insurance takes the public liability of the insured as the underwriting object, and stipulates that the insured shall bear the civil liability according to law for losses or expenses caused to the property or person of a third party due to accidents in the production and business activities within the scope of the places listed in the insurance policy schedule.

owner

Due to the main risk of external wall falling off, the warranty period is short, and objectively, the owner bears greater responsibility for quality and safety risks. At the same time, although small owners have certain management rights to buildings, they lack the corresponding inspection, maintenance and management capabilities and energy. The main way to prevent and deal with the risk of "external wall falling off" is to entrust a professional property service company to manage it.

In recent years, accidents of high-rise building external wall falling off frequently occur, which has caused serious personal life and property safety risks. Developers, owners and property management companies, as the main responsibility subjects of risk accidents, should actively investigate and adopt risk management tools including insurance to prevent and avoid the occurrence of risk accidents and effectively deal with the losses of risk accidents.