In addition, according to Article 1193 of the Civil Code, Ma Tianfu should also be liable for the accident compensation for his improper selection of the construction subject.
Recently, the court ruled that Ma Tianfu had an election fault and assumed 30% of the compensation liability, while Chen Fengxian and his son assumed 70% of the employer’s liability.
Although the laws and regulations on construction and safety management clearly prohibit illegal contracting, subcontracting and subcontracting of construction projects, this phenomenon is repeatedly prohibited and continues to cause accident injuries due to various factors.
Later, Qiao Jun subcontracted the wall building project to Liu Dajiang, who was unqualified.
Accordingly, the loss of Li Quan shall be borne by Weiye Company and Liu Zihua according to their respective fault liability ratio, and shall be jointly and severally liable to each other.
As an industry access restriction or qualification, legal qualification is established to ensure product quality and production safety.
Qiao Jun illegally subcontracted the wall building project involved to Liu Dajiang, who had no construction qualification, for construction.
On September 8, 2022, Wan Yueyue accidentally fell from a high place during the installation of plumbing fittings.
In this case, Xingbei Company, Li Jun and Zhao Dongyan respectively subcontracted or subcontracted the project involved to individuals without corresponding qualifications.
[Assessment] If an employee is injured in the provision of labor services, the employer shall bear the responsibility.
Of course, Liu Dajiang, as an illegal subcontractor, should bear heavier liability for compensation…
In addition, Xingbei Company, Li Jun and Zhao Dongyan all have election faults, so they should bear corresponding fault liabilities.
Li Quan was injured by the collapse of the prefabricated wall when he was introduced to the construction site for woodworking.
[Case 3] Due to improper selection at different levels, Xingbei Company undertook the responsibility of compensation according to the size of its fault.
On June 9, 2022, Feng Wei fell from a ladder while working.
In violation of the above provisions, Jiashi lent its qualification to Qiao Jun, who had no construction qualification, to undertake the project.
Liu Dajiang hired labor workers including Jin Zhe to carry out the construction.
[Case 2] Directly contracted to unqualified constructors, Ma Tianfu, a resident responsible for negligence, was approved to hand over his own three storey building project to Chen Fengxian and his son for construction, but both of them were unqualified.
After it contracted a commercial building construction project, it subcontracted the plumbing project to Li Jun, an individual without construction qualification.
On June 16, 2022, Jin Zhe fell down and injured himself when he was engaged in wall building.
Qiao Jun borrowed the qualification of Jiashi Company to contract an expansion project of a commercial center.
Both of them failed to fulfill the obligation of prudent review and should bear the corresponding compensation liability for Jin Zhe’s losses.
Cao Bingde, as the party accepting the labor service, failed to fulfill the main supervision and management obligations for the construction safety, and had a major fault in the accident, so he should bear the corresponding responsibility.
[Case 1] After Weiye Company undertook a project in April 2022, it subcontracted woodworking and other works to Liu Zihua, who was unqualified, regardless of qualification.
Chen Fengxian employed Feng Wei for labor services.
As the project involved has been subcontracted layer by layer, no one is liable for the damage of Wanyueyue.
Li Jun then subcontracted it to Zhao Dongyan, and Zhao Dongyan again subcontracted it to Cao Bingde, who organized several laborers to carry out construction operations.
[Case 4] To contract a project with a loan qualification, Qiao Jun, the head contractor, must bear the liability for compensation.
After the event, Weiye, Liu Zihua and the development company refused to take responsibility.
The main reason why Ma Tianfu, the employer of the case, was judged to bear 30% of the responsibility was that residents should abide by the provisions of the Building Law and the Regulations on the Quality Management of Construction Projects when they built high-rise residential buildings themselves, while they contracted the project to Chen Fengxian and his son, who did not have construction qualifications, and they were obviously wrong about the possible safety accidents.
[Assessment] According to Article 103 of the Work Safety Law, if a production and business operation entity contracts or leases production and business operation projects, sites, and equipment to an entity or individual that does not have the conditions for work safety or the corresponding qualifications, resulting in a work safety accident and causing damage to others, it shall bear joint and several liability with the contractor and lessee.
After the event, the contract letting party and the contractor mutually excuse each other.
Because the ability of unqualified individuals to perform security obligations is relatively weak, which increases the risk of injury to labor providers.
In this regard, the following four cases have respectively made a detailed legal analysis of the responsibilities of the units and individuals involved.
[Assessment] Articles 12, 13 and 14 of the Construction Law clearly stipulate the qualification levels that enterprises engaged in construction activities should have and the qualifications that professional and technical personnel engaged in construction activities should have.
Recently, the court ruled that Cao Bingde should bear 25% of the losses suffered by Wan Yueyue, Xingbei Company, Li Jun and Zhao Dongyan should bear 20% respectively, and Wan Yueyue should bear 15%.
The two sides disagreed on how to compensate Jin Zhe.
[Comment] Article 1193 of the Civil Code stipulates that if the contractor causes damage to a third person or himself in the process of completing the work, the ordering party shall bear corresponding liabilities if it is at fault in selecting.