Canny Elevator, "National Brand" Honor +3!
A few days ago, the Ministry of Industry and Information Technology of the People's Republic of China and the State Intellectual Property Office authoritatively released that Canny Elevator has been continuously awarded the honor of national brand, national green factory, industrial product green design demonstration enterprise, and national intellectual property demonstration enterprise.
A total of 3,285 elevators have been installed! Qingdao issued a document to install elevators to implement the positive and negative list system of the main body
Recently, the Qingdao Municipal Bureau of Housing and Urban-Rural Development issued the "Notice on the Establishment of a Positive and Negative List System for the Implementation of Existing Residential Elevator Installations", which aims to further standardize the market behavior of the main body of the implementation of existing residential elevators, form a benign mutual selection mechanism between residents and enterprises, and provide useful guidance for residents to choose the implementation of elevators.
The reporter learned from the Municipal Bureau of Housing and Urban-Rural Development that as of the end of October this year, the city has organized and implemented the installation of 3,285 elevators, and 1,892 have been delivered. From January to October this year, 758 new units were delivered, ranking seventh in the country.
Shangqiu, Henan: The elevator in the shopping mall fell and injured the child with eight stitches and claimed 200,000 yuan.
On November 18, Ms. Dong took her mother and two children to Yijia shoes and clothing shopping in Sui County, Shangqiu, Henan Province, and when she took the escalator, an accident occurred, all four people fell, her 2-year-old daughter received eight stitches on her face, and her mother injured her waist and elbow. According to Ms. Dong, the fall was caused by the sudden acceleration of the elevator, but the person in charge of the mall responded that the elevator was repaired afterwards and everything was normal. Due to the damage of the surveillance ** in the mall, it is impossible to restore the situation at that time.
In response to this incident, the owner of the mall admitted that he was partially responsible, but Ms. Dong's claim for 200,000 yuan in compensation was unacceptable. After negotiation, the boss expressed his willingness to bear the follow-up medical expenses of the elderly and children's injuries, which Ms. Dong also accepted.
Quanzhou, Fujian: The installation of elevators in an old building in a small area of Shishi Hubin Street was blocked and forced to stop work for more than a year.
The owners of the relevant ladder buildings in the water affairs office community on Shishifang Road finally completed the whole process of installing elevators, but after the construction, they were opposed by individual owners of neighboring buildings, and the construction had to be interrupted for more than a year. Since August last year, it has been difficult for the two sides to reach a consensus despite repeated mediation by the neighborhood and the community. Mr. Wu, the owner of Building A, who raised objections, said, "Mainly considering the impact of daylighting, we have opinions. ”
Regarding this dispute, the reporter also consulted legal practitioners. The lawyer believes that according to the relevant provisions of the Civil Code of the People's Republic of China, the owner of immovable property should respect the legitimate rights and interests of adjacent immovable property when using his own building. Specific to the installation of elevators in the community, if the owner of the neighboring object believes that the installation of the elevator has unforeseen hidden dangers such as affecting its ventilation, lighting, travel, fire evacuation, etc., it can sue the people's court on the grounds of "infringement of adjacent rights", and the people's court will make a judgment according to the specific circumstances of the case, but should not obstruct the normal construction.
As for the suggestion of resorting to law, Mr. Wu, the owner of Building A, said in an interview with reporters that he would adhere to the principle of street and community mediation, "If the other party forces construction, we will not let them do it." Mr. Lin, the owner of Building B, said that the relevant elevator installation procedures are complete, the procedures are legal, and a lot of money has been invested in the early stage. ”
The installation of elevators in the community of the Water Supplies Department is just a microcosm. From the perspective of local practice, the difficulty of installing elevators is still a difficulty and pain point in the renovation of old communities. For the installation of elevators in old residential areas, it is difficult for residents of high and low floors, including neighboring buildings, to reach a consensus, and it is difficult to balance relevant interests, resulting in frequent conflicts and disputes, and it is difficult for grassroots organizations to coordinate, and relevant stakeholders have to protect their legitimate rights and interests through legal litigation channels.
The Law of the People's Republic of China on the Construction of a Barrier-free Environment, which came into effect on September 1, 2023, clearly stipulates that the state supports the installation of elevators in existing multi-storey residential buildings in old urban communities, and its relevant departments shall take measures and create conditions to give full play to the role of community grassroots organizations to promote relevant work. At the same time, the owner of the house should carry forward the traditional virtues of being kind to neighbors and helping each other, and cooperate with the installation of elevators in accordance with the law.
Jinan, Shandong: The money has been paid for two years, and the elevator has not been started, and the money will be refunded!
On July 30, 2021 and March 29, 2022, 11 plaintiffs including Zhang Moumou signed the "Elevator Equipment and Shaft Construction Contract" and the "Supplementary Agreement for Elevator Installation" with the defendant Shandong Elevator Company, and the defendant Yang Mouzhong signed the contract and the supplementary agreement. The plaintiff transferred a total of 290,000 yuan to Chen Moumou, the financial officer of the defendant company, and Yang Mouxin, and then because the defendant did not start construction and install the elevator, the purpose of the contract could not be realized, and the plaintiff sued the elevator company, Yang Mouzhong and Yang Mouxin to the court to demand the termination of the contract and supplementary agreement with the three defendants, refund the installation fee of 290,000 yuan, pay liquidated damages of 87,000 yuan, pay lawyer fees of 12,000 yuan and bear litigation costs.
In view of the physical condition and economic condition of the plaintiffs, as well as the current defendants' capital turnover difficulties, the court mediator Xing Junying still looked for a breakthrough from the elevator company and Yang Mouxin, and after full mediation, the elevator company and Yang Mouxin finally agreed to terminate the contract and return 290,000 yuan, but did not agree to pay 12,000 yuan in lawyer fees. The mediation opinions of the two parties are very close, but they still need to break the ice, Xing Junying went to do the work of the plaintiff's ** lawyer Liang, and lawyer Liang said that he could negotiate with the law firm to refund a part of the plaintiff's fee, so as to minimize the litigation costs of both parties and promote mediation. Xing Junying also explained to the defendant that both parties to the contract should fully perform their obligations in accordance with the signed contract, and that the lawyer's fee is a reasonable loss of the non-breaching party, and that the contract between the two parties has a special agreement to bear the lawyer's fee, and the defendant should compensate for it. After careful consideration, the elevator company and Yang Mouxin decided to terminate the contract and supplementary agreement signed with the 11 plaintiffs, and returned 300,000 yuan to the plaintiff (including but not limited to the principal, lawyer's fees and other expenses), and the plaintiff also gave up other litigation claims, and the two parties finally reached an agreement, and the case was finally resolved satisfactorily.
Residents of a small community in Shanghai paid a huge amount of money to install elevators, and they didn't pay back the money?
Recently, Mr. Zhang, who lives at No. 18, Mingzhuyuan Community, Lane 2238, Zhangyang Road, Pudong New Area, reflected. The total price of this elevator at the door of the house is 730,000 yuan, and according to relevant policies, 280,000 of which is a subsidy. In order to speed up the construction of the elevator, the 280,000 yuan was advanced by residents in December last year. According to the contract, the financial subsidy shall be applied for by the elevator construction agency - Shanghai Girard-Perregaux Elevator on behalf of the residents. After the elevator was operating normally, the residents urged the elevator company to apply for the subsidy 8 times in half a year. The reply I got every time was"It is being processed"。
The reporter contacted the project manager of Shanghai Girard-Perregaux Elevator, the elevator agent; The other party explained that it was the problem of the participating units.
The staff of the Yangjing Street Elevator Office told Fang Ji that in late October, the Elevator Office carried out centralized completion acceptance of the elevator project in the jurisdiction, and found that there were many problems with the elevator at No. 18 Mingzhuyuan Community, including no warning signs and no hoisting points and weights, although these problems did not affect the use of the elevator for the time being, but out of the seriousness of safety and quality, the Street Office did not issue a certificate of completion acceptance.
To this end, the Sub-district Elevator Office held a coordination meeting to ask the construction agent to advance the subsidy to the residents, but the construction agent refused.
Although it is stated in the contract signed by the two parties, the ** subsidy of 280,000 yuan can only be obtained after passing the acceptance of the ** competent department. However, after more than half a year, the acceptance failed to pass the inspection, and as a result, the residents were unable to get the advance payment.
Legal professionals believe that the main reason is that the relevant content of the contract is not binding on the construction agent.
Fortunately, Pudong New Area has taken the lead in trying to set up a supervision account for the additional funds, and the street has also said that if the construction agent continues to delay, they will also take measures to return the 280,000 yuan subsidy to residents.
Due to the inability to negotiate the cleaning fee and the property, 4 additional elevators in a community in Shanghai were shut down, how to break the situation?
The elevator in Building 3 of Longnan Sixth Village, Xuhui District, was shut down at the end of October by the construction agent who installed the elevator. At the same time, the remaining three elevators in Building 14, Building 2 and Building 4 were shut down in the community. Why did the elevator stop suddenly? The cause of the incident was that the residents were unable to negotiate a custody agreement with the property, and the focus of the disagreement was that the residents did not agree with the cleaning fee of $2,400 per year charged by the property.
The "Guiding Opinions on the Operation and Maintenance Management of Existing Multi-storey Residential Buildings in Xuhui District" issued by Xuhui District on April 28, 2021, while clarifying that the property must be entrusted as the use management unit, it also attaches an operation and maintenance fund calculation table, in which the guide price of cleaning fee is 2,400 yuan a year, including the cleaning of doors and windows, lamps, floors, corridors and other areas.
Is this guide price negotiable? **The following is specifically marked "for residents and property negotiation reference only". On the other hand, the reporter searched from public channels, although there are not many clear guidance prices in various districts of Shanghai, but they can still look at the cleaning fee collection standard from another angle. For example, in the calculation table given by the Hongkou District Housing Security and Housing Administration, the cleaning fee standard for an elevator is only 1,500 yuan per year.
The team leaders of several buildings also said the plan they approved: cleaning does not involve the safety of elevator operation, and can be borne by the residents themselves, and the property no longer charges cleaning fees.
A few days ago, the Longnan Sixth Residents' Committee said that it will continue to try to coordinate the negotiation between residents and the property, and strive to facilitate the signing of the escrow agreement as soon as possible.
Yueyang, Hunan: After signing to agree to install an elevator, he was sued by ten neighbors.
The daughter and son-in-law lived in different buildings in the same community as the old man, and supported the installation of elevators in the unit where they lived, but they came to the unit where the old man lived to obstruct the installation of elevators, and were sued by ten owners to the court. After trial, the Yueyang Pingjiang People's Court held that Uncle Wang's repentance after signing the consent and allowing his daughter and son-in-law to obstruct it was contrary to the principle of good faith, and therefore, the acts of the three defendants were improper and should be stopped. The court ruled that the three defendants should not obstruct or obstruct the construction of the elevator. If Uncle Wang thinks that the addition of elevators will have a negative impact on the lighting of his house, he can find another legal way to protect his rights and interests.