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Chinese Regulation On Construction Responsibilities Of Project Quality In Contract

Posted on:2013-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:G L JinFull Text:PDF
GTID:2246330371979407Subject:Law
Abstract/Summary:PDF Full Text Request
"Construction of the future," a book written by Soviet writer lattice wave PollyDenisov Chomsky, commented on the building-"Any kind of art a direct role inhuman and ongoing role can not be compared with the art of architecture. The art ofarchitecture has always been the national dignity, strength and greatexpression."Visible, the building of a country not just the common people to live andwork place, it carries the image and dignity of the country. So the quality of thebuilding is the core issue in the entire construction project.Over the years, China hasalways stressed that "Long-term goal, quality first" policy, legislation and practice arestrictly implement this policy. With the deepening of China’s socialist marketeconomy and improve the amount of works and the overall level of China’sinfrastructure continues to increase. Meanwhile, with the promotion of thecommercialization of housing, Building that people invest in becomes the biggest andthe longest private consumer goods, people pay more attention to the quality ofconstruction works, there be more stringent requirements on the quality ofconstruction works. But there is a lot of quality of construction disputes occur. Manynon-qualified enterprises, organizations and even individuals into the constructionmarket, a lot of construction work actually carried out by the legitimate subject. Allthese phenomena lead to the decline in the quality of construction. In this context, thestudy of this subject has a very important theoretical significance and practical value.After all, the construction quality issues is a highly professional, also it isaffected by many complex factors. Construction Engineering Quality refers only tomeet the quality requirements of safety, functionality, that is to ensure the safety ofbuildings and play is expected to use. Responsibility for the quality of constructionprojects is a violation of the laws and regulations of the relevant quality managementshould bear the legal responsibility. Building quality problems of China are mainly cracks in concrete structures, roof leakage, ground shell from the sand. These qualityproblems may be prospecting units, design units, construction units and supervisionunits of one or multi-common result. As a result, construction quality problems needto identify the causes of the quality of construction defects in order to identify themain responsibility for the loss of compensation for owners.Based on thisconsideration the protection of the interests of owners, construction project activities,prospecting units, design units, construction units and supervision units to participatein the completion of construction unit shall determine the appropriate responsibility,but when the buildings quality problemsthe main compensation for the loss of theowners. This involves building quality accountability, how to bear the responsibilityand the main responsibility for the problem of identification of responsibility for thequality of construction works.This paper is broadly divided into four parts for discussion on the quality ofconstruction. First start from a clear understanding of the quality of construction andconstruction responsibility for the quality, described the relationship betweencontracts and responsibilities, construction projects participating in the constructionquality of the main obligations, and then held the construction contract disputes andthe quality of construction disputes on specific issues. Analysis finds that the globaland from the details of the processing of development to the construction qualityresponsibility. Relevant construction expertise on the legal responsibility for thequality found in construction disputes to be resolved, further study and in accordancewith the practice involved in the construction responsibility for the quality problem ofidentification of the main responsibility for responsibility-sharing, and then asked therelevant reference suggestions and countermeasures. While the legal system itself islagging behind the practice and development of the lag, but the authors still want toadjust and improve relevant laws and regulations according to the social realities. Construction liability legislation to strengthen, improve relevant laws and regulationsof the construction sector, construction projects related laws and regulations, thelegislative level, and to strengthen contract management system for constructionprojects and other measures to ensure the quality of construction projects.The paper describes the many construction-related expertise. For example, the definition of the construction of quality defect acceptance of completion of theconstruction system, building materials, admission test system, bidding system and soon. Better combined with the construction of knowledge and laws, I refer to theexisting building laws and regulations, such as the "Contract Law","ConstructionLaw","Tendering" and "Supreme People’s Court on the trial of ProjectConstructioncontract disputes the interpretation of applicable law ".I alsomade??reference to the technical norms and standards of the construction industry inorder to better the construction of knowledge and laws combined. Such as"Construction Quality Acceptance of uniform standards"(GB50300-2001). And usedeductive reasoning and summarized responsibility for the quality of constructionprojects identified to achieve the purpose of maintaining construction market orderand improve or ensure the quality of construction works.
Keywords/Search Tags:Construction, Project Quality, Quality Defects, Responsibility for Quality
PDF Full Text Request
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