Traditional Culture Encyclopedia - Weather inquiry - Due to seasonal rainstorm, the construction unit can claim the construction period from the construction unit? Please give some advice, thank you.
Due to seasonal rainstorm, the construction unit can claim the construction period from the construction unit? Please give some advice, thank you.
If the rainstorm and flood can be eliminated, and it does not reach the level of force majeure, the contractor shall clear the obstacles and continue the construction. If the work is stopped without authorization, it shall bear the liability for breach of contract in accordance with the contract and compensate the relevant losses of the employer.
If the rainstorm and flood are force majeure natural disasters and it is understandable that the contractor stops working, then both parties can handle the compensation in the following ways:
(1) The owner shall bear the damage of the project itself, the casualties and property losses of third parties caused by the damage of the project, and the damage of materials and equipment to be installed which are transported to the construction site for construction.
(2) The Employer and the Contractor shall be responsible for the casualties of their subordinate units and bear the corresponding expenses.
(3) The construction unit (contractor) shall bear the mechanical equipment damage and shutdown caused by the construction unit.
(4) The cost of cleaning and repairing work should be borne by both parties through consultation, but in fact, this cost is borne by the employer.
(5) The construction period shall be postponed.
(6) During the shutdown period, the expenses of the necessary management personnel and security personnel that the contractor stays at the construction site at the request of the Employer shall be borne by the Employer.
It should be noted that "who advocates who gives evidence" and whether it is necessary to stop work and compensate for losses in heavy rains and floods need sufficient evidence to prove, otherwise their claims will not be supported. If the contractor needs to prove that it really needs to stop work, otherwise it will stop work without authorization and cause losses to the employer, and it will be liable for compensation. If the work has been stopped due to rainstorm and flood, and both parties fail to negotiate on compensation, the parties may collect relevant evidence and entrust a construction lawyer to handle compensation through court proceedings.
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