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It took hundreds of thousands of dollars to install the elevator suddenly "unfinished", the reason was that... the relevant departments have been involved

2024-05-14

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It took hundreds of thousands of dollars to install the elevator suddenly "unfinished", the reason was that... the relevant departments have been involved

Recently, the owners of 4 ladders in Building C of Jinhua Garden Community in Huadu District were very depressed. The owner's representative, Mr. Liu, reflected to the Nandu "reporter's help" that everyone had been preparing for many years and spent hundreds of thousands of dollars to build elevators for the old building. seeing that the elevators were about to be completed, the construction was suddenly interrupted for several months due to disputes between the entrusting party and the construction party. I don't know when to resume work. I hope the reporters will pay attention to it.

Complaint: The installation of the elevator suddenly stopped work, and the owners were impatient.

Mr. Liu told reporters that they have been preparing for the construction of elevators since 2019, and found Guangzhou Happy Elevator Engineering Co., Ltd. (hereinafter referred to as Happy Elevator) and entrusted them to be responsible for the construction of elevators. "It took a long time to prepare in the early stage. After the construction started in May last year, it underwent a plan revision, and then the construction was finally officially started in September last year."

Mr. Liu said that according to the agreement of the installation contract, the elevator will be installed within 150 working days. However, in mid-February this year, the elevator company and the subcontracted construction party had a contract dispute and filed a lawsuit, which led to the suspension of the elevator project so far. "Not only did we wait impatiently, but the suspended project also hindered everyone's access."

On May 8, Nandu reporter came to Jinhua Garden Community and saw that the 4-ladder transparent glass elevator shaft in Building C had been installed. There were a large number of elevator accessories and sundries piled up downstairs, and the scene was rather messy. A living in the 9th floor of the owners told reporters: "we look forward to the elevator for a long time, now shut down here, can not be used. Accessories scattered put, the sun and rain when the time is broken how to do?" and the owner pointed to the corridor to open the elevator mouth said, the project is stagnant, the elevator mouth has been open no one to deal with, the owners are worried about the existence of security risks up and down the stairs.

  

 Installation of elevators that have been suspended.

The reporter noticed that there was also a construction worker guarding the site. He told reporters that the owner of the construction party arranged him to guard the site and materials, and no one could take over the elevator project until the dispute between the construction party and Happy Ladder Company was resolved.

  

    The elevator entrance has been open and no one has handled it. Owners are worried about potential safety hazards.

Cause: The elevator company and the construction party have a dispute over remuneration.

Later, Nandu reporter contacted Mr. Zhu, head of happy plus ladder company. Mr. Zhu told reporters that his contract dispute with the construction party originated from several elevators previously built and had nothing to do with the elevator project of 4 elevators in building c of Jinhua garden. "They didn't do a good job in the previous project. I asked for rectification but they didn't agree, so there were differences when paying the remuneration." Mr. Zhu said, "Originally, one contract belongs to one contract, and one code belongs to one code, but the construction party said that it would stop the Jinhua Garden project if the money was not given to him."

Mr. Zhu said that in response to the shutdown, Happy Ladder Company has sued the construction party for termination of the contract. At present, the Huadu District Court has ruled in favor of the elevator company. As for the suspended elevator project, Mr. Zhu told reporters that he would continue to negotiate with Mr. Liu and other owners' representatives to consider terminating the contract or waiting for the dispute to be resolved before continuing the construction.

Boss Gao, the person in charge of the construction party, explained to the reporter on the phone that there were two reasons for stopping work and sending someone to guard the site. First, the construction party paid for the rest of the materials except the elevator itself, so it could not be handed over to others to take over the construction. The second reason is that he is dealing with the contract dispute with Happy Ladder Company, and all projects will not continue until the dispute is settled.

When the reporter learned about the situation from the elevator contractor and the construction party, he noticed that there were great differences in views between the two sides. Boss Gao did not think that there was a quality problem in his project, saying that there was still money outstanding for several elevators he had cooperated with Mr. Zhu before. if Jinhua garden elevator was completed, it would be difficult to get back the money in the future. Mr. Zhu believed that there was a problem with the construction quality of boss Gao, so the two sides did not reach an agreement on the amount of remuneration. "but these disputes have nothing to do with Jinhua garden elevator and he cannot be tied up like this." At present, the two sides are continuing to go through the judicial process, for the early construction quality and project funds and other issues to fight a lawsuit.

  

 Elevator accessories are scattered and piled at the scene.

Owner: Hope to increase the compensation for breach of contract to urge construction

In the face of mutual accusations between the elevator company and the construction party, the owners of 4 ladders in Building C of Jinhua Garden were very helpless. "It's tantamount to 'lying down and getting shot '!" Mr. Liu, the owner's representative, said, "At present, we have paid more than 400,000 yuan, accounting for 80% of the total cost. Now the elevator is not available. If it is delayed, I wonder if we can apply for the subsidy for the addition of elevators in the district. Everyone is anxious and wronged."

Mr. Liu told reporters that at present, the elevator project is basically in the overtime stage of breach of contract, but the owners carefully examined the part of the installation contract on compensation for breach of contract, and found that the contract set an agreement that the liquidated damages should not exceed 10% of the total price, but there is no limit to the period of breach of contract. "That is to say, they will stop work as long as their dispute drags on, but the maximum compensation for breach of contract is about 18000 yuan." For this reason, the owners proposed to sign a supplementary agreement with the elevator company to increase the compensation for breach of contract, so as to urge the elevator company to construct as soon as possible.

However, Mr. Zhu rejected the proposal, saying that the compensation agreement of "10% of the total price" is an industry practice, and he believes that he is also a victim of work stoppage, so he will not sign more compensation for breach of contract. For the owners worried about dragging down to apply for the official ladder subsidy, Mr. Zhu told reporters: "If there is really no subsidy by the time of completion, I can compensate the owners for this part of the loss. Other breach of contract compensation, according to the existing contract to calculate it."

Some legal personages said that the maximum compensation of 10% for breach of contract stipulated in the contract is reasonable. If the owner wants more than 10% compensation, he needs to prove that his loss exceeds this amount. "If the legal solution is taken, the court will generally determine the amount of compensation for breach of contract based on the actual loss."

The streets and relevant departments intervene and coordinate to urge the resumption of work as soon as possible.

At present, the owners are seeking help from the Huadu District Housing and Construction Department and Xinhua Sub-district Office, hoping that relevant departments can intervene in mediation to speed up the progress of the project. Mr. Liu told reporters that at present, there is no progress in the negotiation between all parties, and the department suggests that the owners take legal means to protect their rights, "but the prosecution will take a long time and we have to bear the extra expenses. We are already very tired. It is suggested that the government departments should set up an evaluation system and collect a certain deposit when supervising the installation of elevator companies, so as to prevent the occurrence of such experiences as our building in the middle. After the completion of the elevator, the owner can also score the elevator company for the subsequent selection of the public reference."

"We have to queue up for a long time to fight a lawsuit, and it takes several months for a lawsuit to be filed, which affects everyone." Mr. Zhu, a happy ladder company, suggested that the judiciary could set up a special court or green channel for such ladder disputes to solve the waiting distress of owners and other parties.

Xinhua Street responded to the Nandu reporter that the relevant functional departments of Huadu District have coordinated the construction unit and the owner of the installation party for many times, but the parties have not reached an agreement. Next, the street will continue to urge the construction unit to speed up the follow-up construction progress. On May 21, Mr. Liu told the Nandu reporter, "The streets and relevant departments are now paying more attention and have told us that they will help our elevators resume work as soon as possible."

Source: Southern Metropolis Daily

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