Thread Content
The collapse of the cooling tower platform at the Fengcheng Power Plant in Jiangxi resulted in a severe accident that claimed 74 lives. In an effort to ensure the project is commissioned on schedule, there was a push to accelerate work; what responsibility does the project owner bear for this safety accident?
When all the preliminary procedures such as drawings are in place and on-site supervision is adequate, it seems that meeting the deadline is not the main responsibility of the owner, as this is a common issue in China; however, if the preliminary procedures are incomplete, then it becomes the owner’s primary responsibility
It’s normal to rush the schedule under normal circumstances
Even when rushing the project timeline, it is necessary to take into account the local conditions and weather circumstances; if work is forced to proceed beyond what is reasonable given the weather conditions, then it is definitely the owner’s responsibility
The key is to see how the contract is signed.
As the party bearing triple responsibility, the construction entity plays a leading role. One of the aspects of target management for construction projects is safety management. Rushing the construction process is a common practice in China, and it serves the purpose of target management; it represents a combination of organizational and economic measures. There is also a process of evaluation involved. It has been determined that those who are under criminal detention have no connection to the construction entity; it seems that the problems lie with the general contractor and the construction firms, which is a bit confusing.
The contract certainly contains exemption clauses; the deadline is fixed, and by taking on the task you prove that you are capable of completing it. If there is an issue related to the client, then it would be a matter of humanitarian consideration.
That’s the problem: the owner side is dominant, holds control over the contract, and takes advantage of the terms that are favorable to them.
The property owner also bears responsibility for safety supervision, and the property owner’s project team is responsible for inspecting and overseeing safety measures as well as reviewing them.