Liang Mou armour and Hong Mou second are signed " construction contract " , contract agreement: Build on the one-storey house that Liang Mou armour wants to living oneself 2, three-layer, contractor of Hong Mou second is not wrapped makings carry on this project, liang Mou armour is in charge of purchasing housing materials and carry arrives construction site, hong Mou second is in charge of construction and assure construction quality, construction cost XX10000 yuan.
Hong Mou second takes person construction entering the arena, add on bungalow build house of 2 layer, three-layer, the hand over a completed project after a month.
Second month, floor of Liang Mou armour when the brick, the building of discovery building is put in quality problem, liang Mou armour looks for Hong Mou second to talk things over, not if really.
Liang Mou armour appeals to to the court. During the court is tried, liang Mou armour builds to adding 2, appraisal of quality of application of three-layer building quality and rebuild consolidate charge is evaluated. Appraisal conclusion shows: Add build 2, body of three-layer build by laying bricks or stones is unqualified project. Have not make a dangerous house now, put in potential and dangerous sex, the proposal takes processing step as soon as possible.
In cognizance, the court is found out, liang Mou armour did not deal with a building to allow procedure, hong Mou second uses labour intelligence without the building.
Hong Mou second thinks, both sides signs " construction contract " conventional contractor is not wrapped makings, liang Mou armour provides the floor that construction uses, answer to assume responsibility by Liang Mou armour.
The court thinks: " contract law " regulation, "Because apply the worker's reason to cause construction,project quality does not accord with an agreement, the person that send a package has right requirement construction person is repaired in the free inside reasonable time or do poorly done work over again, rebuild. . . " " because the contractor's reason causes construction project to cause person and belongings inside reasonable term of service,damage, the contractor ought to assume damages responsibility " .
In this case, hong Mou second is received for Liang Mou armour build 2, appraisal of judicatory of classics of third floor room makes unqualified project, put in potential and dangerous sex, need consolidate rebuilds. Liang Mou armour requests Hong Mou second to assume consolidate to rebuild cost argument just when; Hong Mou second is in without relevant building construction aptitude circumstance falls, put in the mistake in construction respect, scanty to housing materials at examining, cause project off quality, have main fault, should assume main responsibility to this (70% ) . Liang Mou armour is the droit person of the building, its did not deal with a building to allow procedure lawfully, should assume due responsibility to this (30% ) . Appraisal of Liang Mou armour evaluates charge XX yuan, also partake by second of former, Hong Mou by this scale. People court adjudicates: Hong Mou second is in after this adjudicative become effective inside 10 days 70% what pay Liang Mou fee of armour building consolidate, 70% what bear this case appraisal cost.
This case department builds dispute of engineering construction contract. Liang Mou armour and Hong Mou second establish construction construction contract to concern. Hong Mou second regards Liang Mou as the contractor of armour building, with Liang Mou armour agrees " contractor is not wrapped makings " means construction, the obligation of Hong Mou second is finish with its equipment, technology and knowledge, labor, the working achievement that consign accords with quality to ask, heavier to the responsibility of project quality respect. To this, hong Mou second builds raw material to what Liang Mou armour offers, have the obligation that examines in time, some armour offers this record roof beam not to accord with the building materials that quality asks, hong Mou second is responsible seasonable discovery, inform Liang Mou of armour, happen in order to prevent the consequence of unqualified project. Accordingly, this case court basis is bilateral fault, the responsibility scale that make differentiates.
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