Harbin, Harbin Municipal People's Government On The Revision Of The Decision Of The Construction Quality Management Of Warranty

Original Language Title: 哈尔滨市人民政府关于修改《哈尔滨市建筑工程质量保修管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384500.shtml

Harbin, Harbin municipal people's Government on the revision of the decision of the construction quality management of warranty

    (November 24, 2012 Harbin municipal people's Government at the 13th Executive meeting January 6, 2013 10th release of Harbin municipal since February 1, 2013) in order to ensure the stable development of construction industry in our city, city, Harbin municipal people's Government for decision on the construction quality management of warranty to the following modifications: The 18th article "construction quality of reserve margin system, reserved quality guarantee according to the following criteria: (a) civil engineering under the 3% of the value of reserves, (ii) industrial engineering cost of construction works in accordance with 2% reserved. "Amended to read" construction quality of reserve margin system, reserved quality guarantee according to the following criteria: (a) civil engineering under the 2% of the value of reserves, (ii) industrial engineering cost of construction works in accordance with 1% reserved.

    ”

    This decision shall take effect on February 1, 2013.

    Harbin construction quality management of warranty corresponding amendments shall be made according to this decision, republished.

    Report: Harbin municipal quality warranty management approach 2012 (revised) (January 6, 2013, construction engineering, Harbin Harbin municipal people's Government to amend the quality warranty decision amendments to management)

    First to strengthen construction quality management, maintenance units, contractors, building owners and users (hereinafter referred to as user) the legitimate rights and interests, in accordance with the People's Republic of China construction law, construction engineering quality management regulation of the State Council, the Heilongjiang province construction engineering quality supervision and management regulations and other relevant legal provisions and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies within the administrative area of the city building, rebuilding, expansion construction project quality and warranty management.

    Article quality warranty in these measures refers to acceptance after completion of the construction quality defects during the warranty period, repair activities.

    Defects in these measures refers to the quality of construction works does not conform to the engineering construction compulsory standard, design documents, as well as agreed on in the contract of the quality problem.

    Fourth construction warranty adhere to the construction unit unit is responsible for the quality, construction principle of responsibility to the user.

    Fifth of municipal construction administrative departments responsible for supervision and management of construction engineering quality warranty within the administrative area of the city, and is responsible for the implementation of the measures.

    The County (City) construction administrative departments responsible for supervision and management of construction engineering quality warranty.

    City and County (City) construction engineering quality supervision institutions responsible for the Administration in the day-to-day supervision and management of construction engineering quality warranty.

    Sixth construction quality defects appear within the warranty period, the construction unit shall be free in time for warranty, guaranteed to users for regular use.

    Construction quality defect causes economic loss or personal injury to the user, the responsible person in accordance with the relevant provisions of the law of compensation.

    Seventh architectural engineering quality warranty minimum warranty period and under normal conditions of use in accordance with the following provisions:

    (A) the foundations and main structural works for the life of the design document;

    (B) roof waterproofing, water resistant requirements of bathrooms, and the seepage of outer wall of the room, for 5 years;

    (C) heating and cooling system, 2 heating, cooling period;

    (D) the equipment installation engineering for 2 years;

    (E) the decoration works, including inner and outer walls cracking, blistering and peeling, mildewed wall surface, paint, paint peeling, steps, weathering breakage, subsidence, Interior floors sugaring and hollowing, cracking, deformation of doors and Windows, ventilation, balcony, window leaks, for 2 years;

    (Vi) other warranty scope and duration of the project, in accordance with the construction contracts with the construction regulations.

    Eighth construction units on the construction of quality warranty period from date of acceptance of engineering, due to construction reasons it fails to organize acceptance, since the submission of the construction unit acceptance for 90 days, automatically move to the warranty period.

    Construction construction quality warranty period from the date on which the notification of users access.

    Nineth acceptance after completion of the construction, the construction unit shall provide the user with the guarantee of quality, are residential projects should also be provided of the housing manual.

    Tenth due to force majeure such as natural disasters and the user demolition, modification, repair, and construction quality defects caused by improper use, not part of the warranty of engineering quality.

    11th construction within the warranty period, users have the right to construction quality defect warranty request to the owner, the construction unit shall perform warranty obligations.

    Employer not fulfilling warranty obligations, users can complain to the engineering quality supervision institutions.

    Quality of construction engineering quality supervision agencies to accept the complaint, should find out the reason, clearly defined responsibilities, inform and supervise relevant units perform warranty obligations.

    12th construction units warranty from the user request or notice the warranty of engineering quality supervision institutions, should be sent to the 3rd field verification of, a warranty of engineering quality, together with the user to determine the warranty, warranty agreements reached, and warranty construction unit in the 15th.

    Quality defects relating to structural safety and seriously affect the use of function, the construction unit shall immediately send for on-site verification, and repair.

    Projects during the warranty, the user should cooperate.

    13th warranty project shall comply with the quality standard of engineering construction compulsory standard, design documents and contract agreement.

    14th construction quality defects appear within the warranty period specified, corresponding warranty liability of construction and maintenance costs to be borne; responsibility belongs to the construction units or other units, by the employer to recover construction units or other units.

    During the warranty period, construction Division, merger or other change, the warranty responsibility borne by the unit after the change.

    15th construction units are not in accordance with the relevant norms, standards and construction quality defects of design document and agreed on in the contract, shall assume the warranty liability.

    16th reconnaissance and design units of reconnaissance and design defects caused by quality defects, shall assume the warranty liability.

    Supervision units and construction of units units or collusion, fraud, reduce the quality, due to quality defects, and shall bear the corresponding warranty liability.

    17th during the warranty period, due to unqualified building materials, components and other reasons for quality defects, the units concerned should assume the quality of warranty responsibility in accordance with the following provisions:

    (A) belongs to the construction unit purchase, warranty liability of construction unit;

    (B) belongs to the construction unit purchase, warranty liability of employer;

    (C) belong to the engineering quality testing units to provide false or incorrect detection report, warranty liability of engineering quality testing units.

    18th construction quality of reserve margin system, reserved quality guarantee according to the following criteria:

    (A) according to the construction cost of civil building engineering 2% is;

    (B) industrial engineering cost of construction works in accordance with 1% reserved.

    19th before the completion of a construction project, the construction unit shall open a special account in banks, and in accordance with the criteria set out in article 18th quality deposit unit can also be one-time transfers from the settlement price deposit accounts opened the construction unit. Construction quality deposit should be earmarked, no unit or individual shall misappropriate.

    Quality of construction engineering quality supervision institutions to deposit and refund shall exercise unified supervision and management.

    Article 20th during the warranty period, engineering quality defects, construction units do not perform warranty obligations, determined by the construction engineering quality supervision institutions, employer may authorize other maintenance, repair costs incurred and deducted from the quality deposit.

    Employer not fulfilling warranty obligations, by construction engineering quality supervision institutions entrust other unit maintenance, repair costs incurred and deducted from the quality deposit.

    21st quality warranty period, construction quality security deposit refund according to the following provisions:

    (A) the engineering of no quality defect, quality construction units of bond principal and interest refunded;

    (B) the construction quality defects and construction units in accordance with the provisions of the warranty obligation, the construction unit of quality bond principal and interest refunded.

    22nd acceptance after completion of the construction, the construction unit was not in accordance with this regulation to provide users with the quality guarantee of, belonging to the housing project, is not provided to the user of the housing manual, improper use defects as a result, the unit is responsible for the warranty.

    23rd construction quality defect occur during the warranty period, the construction unit in accordance with the approach under the warranty, by the city and County (City) construction administrative departments a rectification; fails to mend, the Employer fined 30,000 yuan and 50,000 yuan.

    24th construction quality defect occur during the warranty period, construction units do not perform warranty obligations, in accordance with the provisions of the construction engineering quality management regulation of the State Council for punishment.

    25th due to engineering liability disputes, the parties can apply for construction engineering quality supervision institutions consultation or mediation through consultation or mediation fails, you can apply for arbitration or initiate litigation to the people's Court in accordance with the contract.

    26th article violates other provisions of this approach by the relevant departments in accordance with the relevant laws and regulations shall be punished; constitutes a crime, criminal liability shall be investigated for.
27th construction administrative departments and staff of construction engineering quality supervision institutions should perform their duties according to law, not negligence, malpractice, indiscriminate punishment.

    Violations of the provisions of the preceding paragraph of this article, by their work units or by the authorities be given administrative punishments, to constitute a crime, criminal responsibility shall be investigated according to law. 28th article of the rules take effect on February 1, 2008.