Source: Geotechnical news, civil engineering
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The case site rainstorm, basement floating, design was punished, no responsibility for the investigation, worthy of warning designers! For this project, the design institute undertakes the architectural design of complex building, workshop I and Workshop II, and the design cost is only 150000 yuan
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And “pay compensation to the employer according to the degree of loss and the responsibility of the designer.” The court held that “it is informed and clear that the design institute should bear the compensation liability for the loss of engineering quality accidents caused by design errors
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There is no legal and factual basis for the reason that 90% of the loss of engineering quality accidents is beyond the expectation when the contract is signed and the reason why the design unit should bear the responsibility at most within the scope of design fees.” The design institute shall bear 90% of the reinforcement cost
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The court held that the anti floating design can be divided into two situations, that is, the anti floating design of the basement due to the seepage of groundwater and the inflow of surface water
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The anti floating of surface water itself does not belong to the scope of investigation
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For the problem of whether the underground water should be investigated, it is legal and reasonable for Jingwei survey company to carry out the investigation according to the planning drawings provided by Wanyu knitting company (the plan without basement), and the survey report issued by Jingwei survey company has no objection
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The main reasons for the local arching of the basement and the damage of some structural members are that the surface water seeps into the surrounding of the foundation pit, which makes the underground water level rise and causes the basement floor to suffer from water buoyancy, while the weight of the basement is not enough to resist the water buoyancy
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The appraisal conclusion is that effective anti floating measures should be taken for the basement and effective treatment measures should be taken for the damaged members of the basement
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Zhejiang Higher People’s court civil judgment (2013) zmtz No
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133 retrial applicant (defendant of first instance and appellant of second instance): Beijing Industrial Design and Research Institute
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Respondent (plaintiff of first instance and appellant of second instance): Zhejiang Wanyu Knitting Co., Ltd
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Respondent (defendant in the first instance and appellee in the second instance): Zhejiang Jingwei Survey Engineering Co., Ltd
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Respondent (defendant in the first instance and appellee in the second instance): Yiwu Anxia Construction Engineering Design Consulting Co., Ltd
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Respondent (defendant in the first instance and appellee in the second instance): Yuanyang Construction Group Co., Ltd
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Yiwu people’s Court of first instance found that the plaintiff Wanyu knitting company entrusted the defendant Jingwei survey company to carry out geotechnical investigation on its construction site in order to build the plant and complex building
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In December 2006, the defendant Jingwei survey company issued the geotechnical engineering survey report, in which Article 3 of the hydrogeological characteristics of the site stated that “within the scope of this exploration depth, the groundwater of the site is divided into lenticular upper stagnant water and bedrock weathering fissure water according to the occurrence conditions
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The source of groundwater recharge is atmospheric precipitation
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The filling layer has different water permeability, and the gravel clay layer has poor water permeability, which can be regarded as impermeable layer
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It has unconformity contact with the underlying bedrock, and the local weathering fissures on the contact surface are relatively developed, with good water permeability
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According to the regional hydrogeological data, the water inflow of single well of bedrock weathering fissure water is less than 50t / d On October 15, 2006, the plaintiff and the defendant Beijing Design Institute signed the construction engineering design contract
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The contract agreed that the defendant Beijing Design Institute would design the plaintiff’s complex building, factory building I and factory building II, and the design fee was estimated to be 154298 yuan
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The contract also agreed on the rights and obligations of both parties and the liability for breach of contract, in which article 7.3 agreed that the designer should be responsible for the design data and documents In case of any omission or error, the designer shall be responsible for modification or supplement
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In case of any quality accident loss caused by the designer’s error, the designer shall be responsible for taking remedial measures and shall be exempted from the design fee for the direct loss
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If the loss is serious, the designer shall pay compensation to the employer according to the degree of loss and the designer’s responsibility
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The compensation shall be agreed by both parties
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On October 22, 2007, the plaintiff and Yiwu Branch of the defendant Beijing Design Institute signed the supplementary agreement on design modification, with the supplementary design fee of 42788.52 yuan
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The defendant Beijing Design Institute completed the construction design, and the plaintiff paid all the design fees in accordance with the contract
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After that, the engineering drawings designed by the defendant Beijing Design Institute passed the examination of the defendant Anxia design consulting company
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On May 30, 2007, the plaintiff and the defendant Yuanyang construction company signed the “construction project construction contract”, in which the defendant Yuanyang construction company undertook the construction of the plaintiff’s comprehensive building, plant No.1, No.2 and basement
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Meanwhile, the plaintiff provided the defendant Yuanyang construction company with the engineering drawings issued by the defendant Beijing Design Institute and examined by the defendant Anxia design consulting company
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The defendant Yuanyang construction company carried out the construction in accordance with the contract
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On August 22, 2007, the foundation project was checked and accepted by the design unit, the survey unit, the construction unit and the supervision engineer, meeting the design requirements
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On March 26, 2008, the basement waterproofing project passed the inspection and acceptance by the supervision engineer
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On April 10, 2008, the foundation structure including earthwork (earthwork excavation, earthwork backfill), concrete structure engineering and masonry structure engineering was accepted by the survey unit, design unit and chief supervision engineer
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On May 28, 2008, there was a rainstorm in Yiwu
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On May 29 of the same year, the plaintiff found that the open-air part of the basement roof was uplifted (the highest arch was about 260 mm), and some frame columns, beams, slabs and basement partition walls of the basement were cracked
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On June 4, 2008, the plaintiff entrusted Yiwu notary office to notarize the preservation evidence of the damaged basement
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On June 16, 2008, the plaintiff and the four defendants agreed to jointly entrust Zhejiang architectural design and Research Institute Co., Ltd
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to identify the cause of the engineering quality accident and the damage degree of the accident to the existing buildings
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According to the inspection and appraisal, the local arch and structural damage of the plaintiff’s basement were mainly caused by the surface water penetrating into the surrounding of the foundation pit, which led to the rise of the underground water level, resulting in the water buoyancy of the basement floor, while the weight of the basement was not enough to resist the water buoyancy
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The appraisal conclusion was that effective anti floating measures should be taken for the basement, and effective treatment measures should be taken for the damaged components of the basement
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After that, the plaintiff negotiated with the four defendants to determine the reinforcement scheme, reinforcement design unit and construction unit
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The plaintiff paid a total of 777425.50 yuan for reinforcement, 83000 yuan for testing and identification, and 1462 yuan for notarization
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The plaintiff held that as the construction unit, it entrusted the defendant Jingwei survey company to carry out the engineering survey, the defendant Beijing Design Institute engineering design, the defendant Anxia design consulting company engineering drawing review, and the defendant Yuanyang construction company engineering construction
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The four defendants should jointly provide the plaintiff with the work results that meet the quality requirements
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Now, the plaintiff’s project has serious quality problems, which is of great significance to the plaintiff In case of heavy losses, the four defendants shall jointly bear the civil liability for compensation
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At the same time, the plaintiff reserves the right to claim compensation from the four defendants for the loss caused by the delay of the construction period
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Therefore, the plaintiff filed a lawsuit to Yiwu people’s Court on November 30, 2009, demanding the four defendants to jointly compensate the plaintiff for the expenses of 777425.50 yuan, 83000 yuan for testing and appraisal, and 1462 yuan for notarization, totaling 861887.50 yuan
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In the first instance of this case, upon the application of the plaintiff Wanyu knitting company, the court of first instance entrusted Zhejiang Huayao Construction Consulting Co., Ltd
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to identify the rationality of the basement reinforcement cost in this case
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On July 5, 2011, the company issued zhhuayujianjianzi (2011) No
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038 appraisal report, and the appraisal opinion was that the basement reinforcement cost was 777425.50 yuan and the inspection and appraisal cost was 83000 yuan, which were the actual costs, and there was no over calculation
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The plaintiff paid 170000 yuan for identification.
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