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Could the construction party be held accountable for the collapse of the Fengcheng Power Plant?

2016-11-30View Original

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The Jiangxi Fengcheng Power Plant was invested and constructed by Jiangxi Ganneng Co., Ltd., with the general contracting carried out by China Electric Power Engineering Consulting Group Central South Electric Power Design Institute Co., Ltd. Shanghai Schneider Engineering Consulting Co., Ltd. served as the supervision agency, while the construction of the main structures was awarded to 4 different companies. The accident occurred on Section D of the project, which was under the responsibility of Hebei Yinen Flue Stack Engineering Co., Ltd., namely the construction project for cooling towers and chimneys. The third-phase expansion project of Fengcheng Power Plant began on December 28, 2015, with the cooling tower project (with a total height of 165 meters) starting construction in April 2016. In the early hours of November 28th, the Fengcheng City Public Security Bureau placed 9 individuals under criminal detention in accordance with the law. These individuals included Zhang Moumou (male, chairman of Hebei Yinen Smoke Stack Engineering Co., Ltd.), Yin Moumou (male, chief engineer of the Fengdian Phase III expansion project team at Hebei Yinen Smoke Stack Engineering Co., Ltd.), Wu Moumou (male, executive deputy manager of the Fengdian Phase III expansion project team at Hebei Yinen Smoke Stack Engineering Co., Ltd.), Song Moumou (male, head of the engineering department of the Fengdian Phase III expansion project team at Hebei Yinen Smoke Stack Engineering Co., Ltd.), Liu Moumou (male, head of the safety inspection department of the Fengdian Phase III expansion project team at Hebei Yinen Smoke Stack Engineering Co., Ltd.), Guo Moumou (male, manager of the safety, health, and environment department of the Fengdian Phase III expansion project team at China Power Engineering Consulting Group Central South Electric Power Design Institute Co., Ltd.), Gu Mou (male, manager of the engineering management department of the Fengdian Phase III expansion project team at China Power Engineering Consulting Group Central South Electric Power Design Institute Co., Ltd.), Hu Moumou (male, director of the engineering supervision department of the Fengdian Phase III expansion project team at Shanghai Snady Engineering Consulting Co., Ltd.), and Miao Moumou (male, deputy director of the safety department of the engineering supervision department of the Fengdian Phase III expansion project team at Shanghai Snady Engineering Consulting Co., Ltd.). They were accused of committing the crime of serious liability accidents. On the 29th, as a result of investigations, the Public Security Bureau of Fengcheng City in Jiangxi Province placed Wang and three other individuals suspected of committing the crime of serious liability accidents, as well as Gu and two other suspects suspected of producing and selling fake and substandard products, under criminal detention in accordance with the law. Everyone, please share your thoughts: could the construction party be held accountable? What are the safety responsibilities of the owner during the project construction period? What are good clause formulations in an engineering contract to clarify responsibilities?
Reply #22016-11-30
The five parties responsible for construction projects cannot all evade their responsibilities; it’s just a matter of which ones bear more or less responsibility
Reply #32016-11-30
The third-phase expansion project of Fengcheng Power Plant began on December 28, 2015; the cooling tower project (with a total height of 165 meters) started construction in April 2016
Reply #42016-12-01
Why aren’t the personnel from the construction party detained yet?
Reply #52016-12-01
Whether Party A’s personnel can be exempted from liability depends on the provisions of the contract, right? According to the Regulations on Safety Management of Construction Projects, the responsibilities of Party A are relatively limited; however, if the contract terms are not clear or if the necessary safety conditions at the site are not provided, Party A may still be held accountable. If, in the end, the Party A personnel are not held accountable for this incident, their contract terms may become an example to follow*

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