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Issues regarding accident liability

2023-06-13View Original

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The installed pipes were tested and approved on the same day, and the client supplied gas to them. The next morning, it was discovered that a section of pipe located in an external area had been deliberately cut. If an accident were to occur, would the construction company be held responsible for it?
Reply #22023-06-13
Based on the information you provided, if the accident was caused by the pipes being deliberately cut, then the construction party should not bear any responsibility. Since the pressure testing and acceptance were completed after installation, and the client had also given notification, there were no issues with the pipeline installation or quality at that time. If a problem arises solely due to intentional damage, such act of vandalism is not related to the construction party. .
Reply #32023-06-13
It’s not very clear. Is the pressure testing and acceptance notice issued for gas supply? Has the project been handed over? Has the management defined it?
Reply #42023-06-13
If it is merely a pressure test for acceptance and the pipeline is damaged, it is the responsibility of the construction party to take care of it; If it is an intermediate handover of the project and the pipeline is damaged, it is the responsibility of the owner to take care of it ; But if it is merely a pressure test for acceptance and the project has not been handed over, why should the contractor allow the owner to introduce air? If the contractor has records showing that the owner requested air to be introduced (such as meeting minutes, project instructions, etc.), then this constitutes a de facto handover, and the responsible party is the owner; if there are no such records, then the responsible party is the contractor.
Reply #52023-06-13
Quality acceptance does not constitute project acceptance, nor can it replace the contractor’s responsibility for oversight.
Reply #62023-06-19
Whether the handover has been completed is the boundary that defines responsibilities

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