Shanghai collapsed building incident tracking: Lawyers believe that the current price claims should be

Editor: Ma Hongtao choreographer: Shan, 付豫, Masaki photography: Mao Yun Lee, Li Hui, white feather Shanghai collapse should be in accordance with the existing price compensation 27th 5 o'clock in the morning, in Shanghai Minhang Lotus South Road "Lotus Riverside King Garden" community, a 13-storey building under construction without any signs of collapse, resulting in a worker died. And in this neighborhood, there are 10 residential buildings that have not yet been delivered. From the opposite side of the community, you can see a discontinuous "first-line day" between the two buildings on the south and east sides of building seventh-when the walls of the two buildings intersect, the upper and middle parts can see the light, and the other parts are invisible. Careful citizens say the phenomenon existed before the collapse of building seventh. After the incident, "Lotus Riverside King Garden" owners of the check-out, compensation or the replacement of commercial housing, put forward their respective requirements.　　Chu Baochang, legal advisor to the China Consumer Association, argues that owners of collapsed buildings claim compensation for liquidated damages, as well as the legitimacy of claims at the current price.　　Chu Baochang, legal advisor to the China Consumer Association, argues that owners of collapsed buildings claim compensation for liquidated damages, as well as the legitimacy of claims at the current price. If you fall to the other side, the consequences can't be imagined. Hua River King Garden is located at the junction of Minhang Lotus Road and Luoyang Road in Shanghai, the developer is Shanghai Plum Real Estate Development Co., Ltd. Community a total of 11 buildings, all 13-storey building.　　The community has been developing since 2007, and no one has ever been to the collapse of the building is building seventh, and from the outside look, other properties have not been significantly affected. Reporters at the scene of the accident, body building the whole is the bottom broken, backward to the south, the bottom of the foundation has been exposed the ground, brought out a lot of fresh soil. From this point of view, you can clearly see that the bottom of the body building most of the base is broken in a position, but there are some in the joint with the body building broken. From the direction of the collapse of the body building, can see because of the powerful impact, the building fell down, the force surface has fallen into the ground, and the collapse of the top of the body building from another building only a few meters away, very dangerous. Body building part of the wall appeared to rupture, but the overall remained intact. Around the collapsed building, several excavators and bulldozers are working, cleaning up now often because of the collapse of the opposite is a morning exercise square, there is no one in the first time to witness the complete process of the accident occurred. Witnesses said the accident occurred at about 5:30 A.M., in a matter of seconds, with a loud bang, the 13-storey residential buildings all collapsed south.　　One minute after the accident, some people took pictures of such a picture, as can be seen from the photos, the collapse of the building above the smoke. Close to the collapse of the residential hunchback north is the construction workers live in the shed, fortunately the building fell to the other side, otherwise disastrous consequences.　　According to the public disclosure of the local authorities, because the accident occurred in the early morning, not yet normal start time, so the accident caused only one worker died, no more casualties. Close to the collapsed house hunchback northIs the construction workers living in the shed, fortunately the building fell to the other side, otherwise disastrous consequences. After the accident, the local has been the collapse of the buildings in the community full martial law to prevent accidents. At the same time, it is possible to involve other community residents in the vicinity of the emergency evacuation. Due to the collapse of the building area has been sold out of the majority of commercial housing, the local also set up a reception team, the relevant owners of centralized registration, to solve the aftermath of the matter.　　At the same time, the first organization of professional personnel stationed on-site, the cause of the accident investigation, at the same time by the technical personnel to the vicinity of the geological changes for 24-hour monitoring. So why did this accident happen? The reporter came to the Minhang planning and land administration, housing security and Housing Authority, construction and Transportation committee. The heads of these departments did not receive interviews with reporters, but a planning bureau staff told reporters that from their grasp of the figures, Lotus Riverside Park estate development from the vicinity of the river, that is, Lake River embankment 50 meters away, in line with the relevant planning.　　The collapse of the base pillar of building seventh deep 33 meters, there is no basic problem, but the reporter wanted to tell the story of the cause of the accident group related investigators, but was rejected. The reporter wanted to interview the accident group related investigators when the story happened, but was rejected. [Page] After several twists and starts, a veteran industry personage discloses to the reporter, any project accident occurrence, can from survey, design, construction three links to seek the answer. He reminded reporters that there is a huge Earth-rock mound, which may have serious impact on the safety of the building. The industry said that after the accident, he had entered the scene to observe. According to his understanding, building seventh collapsed in the direction, which is now buried under the collapsed body building, is a construction of the underground garage, garage depth of about five meters. The construction side will dig underground garage generated soil and not shipped out of the scene, but piled in the north side of building seventh, that is, the river and seventh building in the middle, is now the excavator is working place, the heap of soil up to reach the height of three stories. A minute after the accident, people took photos of the building, and the buildings were exposed to fresh soil, and the grassy areas were heaped with soil.　　As the construction has been carried out for several months, the heap of soil piled higher, the final total reached thousands of tons, from north to south, to seventh building shear force, and the south side of the seventh building due to the excavation of the garage, lack of corresponding countervailing power, resulting in accidents. In fact, just before the collapse of building seventh, which was June 26, there was also a huge mound of dirt in front of another building, dozens of metres from the seventh building, which had caused serious damage to the flood wall. The reporter observes that this section of the flood control wall has been destroyed more than 80 meters long, has been pushed by the external force to the river channel inside. According to the local law enforcement agencies, the investigation found that damage to the wall of the external force is caused by a large mound in the community. At the time of the accident, a lot of piles of soil piled up in the damaged flood wall area, which eventually led to the force change of the flood control wall, and the reason why the pile was piled up hereThe same is because the construction side is digging the garage.　　The veteran industry believes that after the building is completed, the excavation of the garage, while the construction of the residue piled up in the site, which is not in line with the construction code.　　Are the other buildings safe? Are there any safety risks in other buildings? Reporter in this connection with accident group related personnel, as of press, did not get an accurate answer. But the footage from the scene saw that there was always a vehicle cleaning up the ground near the collapsed building seventh. The public has provided a new situation to the reporter, from the Lotus River Jing Yuan opposite, can see on the south side of building seventh and the east of two buildings, when the walls of the two buildings intersect, the upper and middle parts can see the light, the other parts are not visible.　　Citizens say it suggests that at least one building in both buildings may be tilted, and that this phenomenon existed before the collapse of building seventh. The public has provided a new situation to the reporter, from the Lotus River Jing Yuan opposite, can see on the south side of building seventh and the east of two buildings, when the walls of the two buildings intersect, the upper and middle parts can see the light, the other parts are not visible.　　Citizens say it suggests that at least one building in both buildings may be tilted, and that this phenomenon existed before the collapse of building seventh. The reporter learned that the Shanghai Institute of Architectural Sciences, Shanghai Institute of Geological Prospecting and other related departments, will be "Lotus River King Garden" community, the remaining 10 residential buildings along the flood control wall, surrounding residential buildings, water and water pipelines and other closely monitored.　　At present, the relevant departments in Shanghai have "Lotus Riverside King Garden" Community developers, builders, construction, supervision and other 9 people to take appropriate control measures. After the accident, then set up a rehabilitation team, responsible for reception owners.　　In front of the reception point, the reporter saw this request for signature form, in this, the owner proposed to refund the room, pay compensation, compensation paid for the interest of the House, but the receptionist said that these requirements they can only focus on registration, waiting to be processed.　　In what price? According to the incident treatment team to reporters, "Lotus Riverside View Garden" residential building area of about 66,000 square meters, the total set of 629 sets, has sold 489 sets, the expected delivery date is the end of this year. After the accident, the owners of the check-out, compensation or to replace the housing, put forward their own requirements. In the context of rising house prices, it is a complex matter to compensate the owners of collapsed buildings, or to make compensations to the owners who ask for Check-out. After all, the collapse of residential buildings under construction is a relatively rare accident at home. Then, in this regard is there any relevant laws and regulations can be followed? How should owners of sudden changes defend their rights?　　This reporter interviewed the Chinese Consumer Association legal adviser Chu Baochang lawyer. According to the law of contract, the owner's losses, including interest loss on bank mortgage, intermediary costs, purchase time and current housing difference, etc., the owner can ask the developer to bear the reasonable expenses he spends for the purchase of the House toand to terminate the contract, and then to buy the price of such a house, the cost of rising prices. The price should be calculated according to the price information that should be issued by the local Housing Authority and the intermediary, and the difference of the purchase price. Mortgage-buying owners, the loan contract strictly said it is attached to the sale of the housing contract, if there is no contract for the sale of housing, there may be no such loan contract. The mortgage for the buyer's loan is used to purchase loans, it has the credit limit, it has the relevant conditions to support the review, so now the house does not buy, then his mortgage contract is no purpose and meaning. So the mortgage contract should also be lifted. If the owner of the bank to bear the responsibility of default, then this responsibility should also be the defaulting party's developers to bear. As for other related contracts, for example, it should have been in July, the owner in June to make a home contract, then the contract if according to the circumstances why I want to set up this contract? Should decorate for my house, I want to buy home. So because the housing collapse is now unable to deliver, causing the owner to default.　　Then the owner of the home business I have to bear the responsibility of breach of contract, this should also be borne by the development enterprises. In the case of the collapse of the Shanghai Jing Yuan Building, many of the owners are not the owners of collapsed buildings, but the purchase of the house is located in Shanghai, Fujian and the city of the collapse of the room surrounded by the same belongs to a developer and construction units, in view of the quality of housing concerns, they have also put forward compensation requirements, such as asking developers to Check-out, Compensation for their liquidated damages and bank interest. In this regard, Chu Baochang lawyers believe that the relevant departments should as soon as possible to these buildings under construction safety testing, to the owners at ease. If there is a safety hazard or unsafe, then the corresponding treatment should be taken to ensure the safety of the house.　　Then if the test is indeed, such as the foundation, structure, or construction procedures caused by serious violations of the security, or such as a jerry, marking, including steel, cement has jerry, etc., the owner of the request to check out, you should terminate the contract, and developers should bear the actual liability for compensation. Many owners told reporters that after the accident, they have never seen the developers. So where is the developer? What kind of company is this? According to the reporter from the Shanghai Housing Network inquiry Information, developers Shanghai Mei Real Estate Development Co., Ltd. 1995 registered, is a private limited liability company, legal representative Zhang Zhiqin, the company holds three-class real estate development Enterprise Qualification certificate, registered capital of 8 million yuan. Registered address in Minhang Xin Zhu Road No. 968, the reporter immediately arrived here. However, at No. 968 Xin Zhu Road, the reporter noted that this is written in another company's name. The reporter also found the company operating address Lotus Road 1288 Lane 5th, 102 room, however, 102 room and no one in the office, from the room layout, kitchen detergent and other supplies to see, here more like a common house. And the public information also shows that, in addition to Lotus River Jing Yuan outside, Shanghai MUI HouseProduction Development Co., Ltd. also developed Rojin court and Rojin.　　In these places, the reporter still failed to find any of the real estate in Plum. As of press time, the accident processing department came to the news, has been on the developers and their funds to take control measures, the owner of the housing payment in a safe state.　　At present, the project developers, builders, builders, supervisors and other measures to take appropriate control. Real estate industry: radish fast not wash mud with the housing market to stabilize, gradually heating up, in recent months, the domestic and set off a new round of real estate development hot, many places and the soaring land prices, and constantly shoot the King's News.　　This when the mouth, Shanghai, the collapse of the accident, not only to the Shanghai real estate industry sounded the alarm, it should also cause the national real estate industry enough attention. Since the second half of last year, the state has introduced a number of measures to expand the growth of domestic demand, the tax on real estate to implement concessions, the threshold for home purchase loans have been properly reduced, many real estate companies also benefited from a moderately loose monetary policy, easing the financial pressure. However, from the collapse of the accident look, in the macro-environmental improvement, the management level of some real estate enterprises has become a short board.　　No matter the ultimate cause of the collapse of the building is affected by the geological or quality problems, many details reflect the real estate enterprises in the construction supervision, safety awareness and management system there are many flaws and loopholes. To raise money to buy land, packaging and selling houses, in some real estate developers, this is their most core work, but do not forget that the building is the most basic developers of the responsibility.　　If we do not return to the original point, the more the real estate industry, the more exposed to more problems. We have been discussing the healthy development of the real estate industry, the hot topic is always around the price of the high and low, in fact, regardless of price or price, real estate health development is the premise of the building itself should be adequate health.