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The installation of the elevator and the digging of the bottom pit will stop work? The contractor: compensate according to the contract.
2024-05-14
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The installation of the elevator and the digging of the bottom pit will stop work? The contractor: compensate according to the contract.
It was a happy thing to install elevators in the old community, but the owners of Lvjingge, Yantang Road, Tianhe District, Guangzhou City were worried. They raised and paid more than 530000 yuan for the project, but the project only started for five days. It has been five months since it came to a standstill. On April 3, the person in charge of the contractor told reporters that he would hold a coordination meeting with the owner in the near future and expected to resume work in June this year, and promised to compensate for the delay in the construction period as agreed in the contract.
The number and increment of elevators installed in old residential buildings in Guangzhou are large, and the cost of installing elevators is high. The reporter learned that in recent years, there have been too many cases of project stagnation caused by the funding problems of the contractor in Guangzhou. Some opinions pointed out that it is necessary to consider setting up a public supervision account to pay according to the progress of the project to ensure the safety of funds for installing elevators.
Site: The project only excavated the foundation pit and has been suspended for five months.
There was no one around the base of a boxy, cement-built foundation pit. The pit entrance was covered with iron sheets and wooden boards to prevent rainwater from pouring into the pit. This is the current situation five months after the construction of an elevator at the entrance of Lvjingge on March 30. The project officially started as early as November 2022. According to the "150 working days" agreement in the contract, it should be nearing completion by this time, but the owners have not yet waited for the long-awaited elevator.
Lvjingge is an old building built in the 1990 s. It is a nine-story staircase room with five households on one floor. Most of the owners have elderly people, infants and young children in their homes. It is inconvenient to travel up and down the stairs. As Guangzhou accelerates the promotion of community micro-renovation, the idea of adding elevators to the building is also on the agenda. In April 2021, the owner of Lvjingge signed a contract with Guangdong Dingchi Elevator Engineering Co., Ltd. to apply for the addition of elevators. In September 2022, the plan for the addition of elevators in the building was approved by relevant departments.
The reporter learned that in the process of applying for the additional elevator plan, Guangdong Dingchi Elevator Engineering Co., Ltd. was canceled, and the person in charge of the company established Guangdong Aoming Elevator Engineering Co., Ltd. The newly established company re-signed a contract with the owner of Green View Pavilion on June 26, 2022 to continue to provide additional elevator services for Green View Pavilion. Public information shows that the company focuses on the market of installing elevators in old buildings, providing customers with one-stop comprehensive solutions.
The contract states that the additional elevator will be a steel structure with laminated tempered glass. During the construction process, the original appearance of the road will be maintained to the maximum extent and the integrity of the original construction structure will be maintained. "The elevator provided is brand-new, unused and manufactured using the world's most advanced technology". Including the construction cost, the total cost of the additional elevator project is 650000. The contract stipulates that the owner shall pay 75% of the total cost to the construction company at the node where the foundation of the bearing platform and the foundation pit of the well are completed.
The transfer records provided by the owner to the reporter show that in order to urge the construction party to complete the construction as soon as possible, they paid more than 530000 yuan to the personal account of the person in charge of the company in four payments from August to November 2022.
What the owners did not expect was that after the official start of the elevator in November 2022, only five days of construction, after the foundation frame was completed, no workers came to start construction. An owner told reporters: "At that time, during the epidemic period, the person in charge of the company said that the workers were infected with the virus. We thought that we could resume work after a week's recovery. Who knew that there would be no progress in this period."
Response: It is expected to resume work in June and is willing to compensate according to the contract.
The stagnant addition of elevators not only failed to solve the problem of owners going up and down the stairs, but the messy construction site became an obstacle for them to get in and out of the building. The schematic diagram of the project shows that the exit of the building is 2.91 meters wide, the elevator foundation pit is 1.38 meters wide, and the distance from the wall is 0.33 meters. Only a 1.2-meter-wide corridor is left on the site for the owners to pass through. The excavated exit ground is covered with wooden boards, making the already narrow exit even more crowded.
The project is stagnant and the owner is impatient. In February this year, the owner of Lvjingge contacted Yan ke, the legal representative of Guangdong aoming elevator engineering co., ltd., by telephone from the police, asking when the construction would start. according to the owner's memory, "at that time, the other party responded that the company was unable to pay the purchase cost of the elevator and could not know when the construction could resume."
Recently, some owners submitted materials to the petition department of Xinghua Street, Tianhe District. The relevant person in charge of the Xinghua Sub-district Office said that he would pay attention to the issue, investigate as soon as possible, proceed in accordance with the process in accordance with the law, and hand it over to the relevant departments for follow-up.
On April 3, the reporter contacted Yan Ke by telephone. He said that the reason for the stagnation of the elevator addition project in Green King Pavilion was that the company planned to purchase elevators of Fast Branch brand, but the salesman responsible for the docking misappropriated 30% of the purchase money in advance. After negotiation with the elevator company, the other party requested to increase the prepayment ratio to 50%. Yan Ke said: "We will make up the amount in the near future and will not let the owners pay more."
When can the elevator project resume work? Yan Ke said that the company will hold a coordination meeting with the owner on April 7, and if it goes well, it is expected to resume work in June this year, and for the delay in the project, he promised reporters that he is willing to compensate in accordance with the contract.
According to the contract, except for force majeure factors, the contractor shall complete the construction according to the construction progress and technical requirements, and calculate the construction period from the day after the contractor receives the first project payment and obtains the construction permit. If the contractor fails to complete the project according to the construction period, a fine shall be imposed every day according to the proportion of the total project cost 1.
Recommendation: Can you set up a regulatory account if the ladder has been shut down repeatedly?
The installation of elevators in old residential buildings is a livelihood project that has attracted much attention. Data shows that as of the end of July 2022, Guangzhou has completed the approval of 13493 elevator plans.
The stagnation of the addition of elevators in Green View Pavilion is not an isolated case. A person familiar with the government department in charge of elevator affairs in Yuexiu District told reporters that he had encountered about three cases in his work in the past three years. The reasons were all related to the rupture of the construction company's funds, which was finally resolved through pressure from relevant departments. The reporter searched the public reports and found that in the past three years, Haizhu District and Tianhe District each had 1 to 2 related cases. The common point of these cases was that the project stalled before and after the capping, because of the funding problems of the contractor.
The cost of adding hundreds of thousands of elevators is not a small sum. The reporter learned from many owners who are familiar with the installation of elevators that when raising funds, there will indeed be "concerns about paying the money directly to the contractor and how to ensure the safety of the funds","Most of the people living in old communities are elderly people, and the money for the installation of elevators is usually collected by the owners together. If the project is unfinished, can the money be returned?"
Guo Taotao is the owner of Lvjingge and a professional lawyer. He pointed out that in recent years, the number of elevators installed in old buildings has increased year by year, and the cost of installing elevators is expensive. The apportionment involves the general public, and the issue of capital supervision should also be paid attention. "I think it is possible to set up a regulatory account like a house sale and pay in strict accordance with the progress of the project to ensure the safety of funds."
There is a precedent in China for the opening of a special regulatory account for the installation of elevators. In August 2022, jiangwan town Street, Hongkou District, Shanghai, was the first to carry out a pilot project of installing elevator supervision accounts in China. With the industry committee as the main body of the account, a single sub-account will be set up for each building. The industry committee will open an account at one time. The buildings in the whole community will be available and the buildings will be kept independently. The fund supervision in the construction, repair and maintenance of elevator installation projects can be realized, forming a full-cycle management of elevator installation funds.
Source: Yangcheng Evening News, Elevator Standards and Inspection
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