I am Wenchang YuandaIndustrial***onApril 9, 2016, YuandacompanyWith Wenchang WenchengA Xin decorationSigned by the Decoration Engineering DepartmentCustom fabrication and installation contract. Wenchang Yuanda Company contracted the stainless steel fence of the balcony of the Grand Hotel, the stainless steel U-shaped clamp groove for the glass curtain wall, the sliding window of the glass curtain wall, and the stainless steel handrail of the fire staircase to a Xin decoration in WenchengEngineering DepartmentThe start of construction will start on May 3, 2016ToUntil July 3, 2016is the completion date。Sign it on both sidesContractsAfterA certain XinThe engineering department beganStainless steel materials are purchased and made in the own factory of a Xin engineering department in WenchengConstruction. A Xin engineering department is purchasing materials to make finished productsPeriod,Wencheng a Xin engineering department has never toAmbitiousThe company has provided balcony stainless steel and glass curtain wall stainless steel U-shaped clamp material factory qualification certificate, and has not notified the relevant management staff of Yuanda Company to inspect the stainless steel ordered materials used in the project in a Xin Engineering Department. What's even more outrageous is that a Xin engineering department did not notify Yuanda Company to go through the entry procedures and provide any information about the production process of the project's stainless steel, and the installation process did not notify Yuanda Company to inspect the scene. Until July 1A certain XinThe engineering department is shut down. AmbitiouscompanytowardA Xin engineering departmentA total of $530,000 was paid for the projectProgressFund.
August 18, 2019, due to:AmbitiousThere is a serious problem with the quality of the guardrails installed in buildings A and B of the hotel(all stainless steel becomes rust shifts)., so ambitiouscompanyThe "Project Rectification Notice" was sent to the Xin Engineering Department to inform itBalcony stainless steelGuardrails & ClipsslotsIt has rusted, and the wall thickness of the guardrail is not at allMeet the national standard,Asked to rework and redo, but was refused to rework by a Xin engineering department. Eventually,Forced to desperationAmbitiousThe company put Wencheng someXin Engineering filed a lawsuit.
The first instance took place on October 29, 2020**. In the trial, YuandacompanyProposed to the court, hoping that a certain Xin Engineering Department could demolish all the tempered glass of the balconies of buildings A and B free of chargePush control window, stainless steel guardrail, glass curtain wallStainless steel clamp grooveand so on rework and redo the lawsuit claim, and applied for the right toA certain XinThe quality of guardrails and glass curtain walls installed by the engineering department in buildings A and B of the hotelStainless steel clamp grooveand other quality of judicial appraisal, and finally the results from a source appraisal center in Shanghai showed that buildings A and BBalcony stainless steelThe wall thickness of the guardrail is 083-0.85mm, not up to standard. However, the hotel itself is a public placeHotel balconyThe wall thickness of the guardrail is notReach the national standard 12will cause a great dealSocialSafety hazards, simply cannot be put into use. A certain XinThe actions of the engineering department have caused a serious breach of contract, shouldn't it be reworked and redone?
YesWenchang Municipal CourtHowever, in the "Appraisal Opinion",Stainless steel fence for hotel balconyand glassStainless steelThe clamp groove is compliantMaterialThe rebuttal of our claim lacks factual evidence and therefore cannot be reworked. What I didn't expect was why the court would ignore it in the endHotel balconyquality problems of guardrails, andCourtsIn the absence of on-site conductCheckForensicsAnd the project did not pass the acceptance legallyofFormalitiescase, on the AmbitiouscompanyThe request was taken as inadmissibleWhy is it still ambitious?companytowardA certain XinThe engineering department pays the so-called outstanding project payment and liquidated damages
AmbitiouscompanyThe available evidence is sufficient to prove that toA certain XinThe engineering department paid 530,000 yuan for the project, but why did the court only find it to be 480,000 yuan?WhileInAmbitious Hotel installedbalcony anti-In fact, the guardrail has been seriously skewed and rusted, and there is a great safety hazard, why can't this prove its quality problem?What are the standards for national quality inspection?Is this reasonable?For the first instance verdict IDivisionNot convinced, he appealed to the Hainan Provincial Intermediate People's Court.
Second instanceAt the time of the trial, it was ambitiouscompanyPresentedThe caseexistsNew evidenceBalconyThe lack of wall thickness of the guardrail was recognized in the first instanceFixedThe facts, then, even ifThe material parameters matchThe thickness of the pipe wall does not match, which should still be considered non-conformingproductsThat's right, but whyIn tworeviewCourtsThe verdict turned a blind eye to this?AndHotel balcony defenseThe guardrail already belongsSocialIs it fair and just to judge a public safety issue just because its "chemical composition meets the requirements" to be qualified?ForOperate productionuseThe hotel balcony fence isIs it safe?This exists the question of whether we can learn from the societyPublic safetyPerspective?
In the first instance,Stainless steelguardrailsWall thicknessThe non-conformity of the material has already been statedA certain XinThe engineering department has defaulted, canYesWhy the court wants to exempt the other party from liability for breach of contract is a far-reaching judgmentcompanyPay the so-called remaining project paymentIs this reasonable?And inII. II. IIDuring the trial, why did the court not make a decision?Stainless steelThe guardrail material is unqualified, and rightA certain XinThe engineering department is held accountableFaced.Broad CompanyProvidedNew identificationEvidence, as well as the scene**,(New discovery: The distance between stainless steel poles is 1.)25 meters of welding, the base of the barrier is not fixed and anchored with 1 cm thick square steel, and the thickness of the stainless steel pole is 083, not up to the national standard statutory standard 12) Serious cutting corners. But whySecond instanceThe court is still ambitiouscompanyThe evidence was insufficient and dismissedBroad CompanyRequest for Appeal?According to the laws and regulations of the People's Republic of China, the standard for balcony stainless guardrails is regulated: refer to the Ministry of Housing and Urban-Rural Development's "2012 Engineering Construction Standards and Specifications, Jianbiao [2012] No. 5 Technical Standards for Building Protective Railings. The wall thickness of the protective railing is not low 12. The short distance of the vertical rod is not greater than 095m, the railing welding must be fully welded, and the base is anchored with 3 to 4 ** screws of square steel with a thickness of 1 cm. According to the above national laws and regulations, none of the stainless steel protective fences produced and installed by the Xin Engineering Department are qualified. Why did a Xin engineering department win the case again in this case?What is the basis?Why is the new evidence not admissible?Isn't this a procedural error in judgment?
Due to the quality problems of these guardrailsAs a result, Yuanda Company was unable to open for business and stayed for four years. AlsoIt's about societyPublicSecurity issues,Broad CompanyI implore relevant departments and superiorsCourtsAble to combine practical problems, rightA Xin engineering department installed on the balcony of the Grand HotelGuardrail qualityQuestionMake a restartCheck and verify, and giveBroad CompanyA fair and just judgment to upholdBroad CompanyofLegalRights. Thank you for your hard work and attention, thank you!
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