Under the epidemic, how can construction companies handle it?

The epidemic continues to spread In this extraordinary period, no matter the "closure of Wuhan", or the prevention and control of villagers and community properties, or the consciousness of people wearing masks, they are cutting off the passage of the epidemic The situation of epidemic prevention and control is still grim To win the war, the government should tackle the difficulties and everyone should do their best As the builders of huoshenshan hospital, leishenshan hospital, Xiaotangshan Hospital (reconstruction) and other hospitals fighting against the new crown epidemic, construction enterprises played an important role in the fight against the epidemic However, for construction enterprises, with the end of the Spring Festival holiday, the difficulties and challenges brought by the epidemic to construction enterprises are just beginning The impact of the epidemic on the construction period, on the recruitment and management of labor workers, and on the rise in the price of personnel, materials and machines, etc., will bring huge pressure to the construction enterprises According to the relevant laws and regulations of our country, the provisions of the national model text and the relevant actual situation of this epidemic situation, for the relevant problems and difficulties that the construction enterprises will face, we put forward our suggestions and Countermeasures for the reference of the relevant construction enterprises Part 1 when the construction enterprises start and resume work part 2 what should be noticed after the construction enterprises start and resume work part 3 whether the construction enterprises have the right to apply for the extension of construction period Part 4 how the construction enterprises apply for the extension of construction period Part 5 which shutdown costs have the right to require the employer to share part 6 which epidemic diseases can be claimed by the construction enterprises increase costs Part 7 whether the construction enterprises have the right to terminate the contract part 8 How to deal with the relationship between the construction enterprise and the subcontractor Part 9 how to pay the wages during the epidemic shutdown Part 10 our suggestions 1 When will the construction enterprise start to resume work? Resumption of work refers to the resumption of construction of the project after the suspension of work during the Spring Festival holiday Commencement refers to the commencement of new projects Under the overall influence of the current epidemic situation, when should construction enterprises start and return to work should be noted as follows （1） Comply with the regulations on commencement and resumption time of the local competent department Under the influence of the current serious epidemic situation, many local government departments, such as many provinces and cities, have issued some regulations on the prevention and control of the epidemic situation, some of which are specific to engineering construction projects These regulations involve the requirements of commencement and resumption time, site management and other aspects For construction enterprises, first of all, they should comply with the requirements of the local government departments on the commencement of the project Regulations on resumption time （2） Under the premise of complying with the regulations of the competent government departments, construction enterprises still need to check whether they actually have the conditions to start and resume work, so as to decide whether they actually start and resume work We suggest that construction enterprises should consider whether they have the conditions for commencement and resumption of work in essence from the following aspects: 1 Whether they have the necessary labor personnel for commencement and resumption of work Due to the serious impact of the epidemic, the original labor subcontractor may no longer be able to provide enough labor personnel to the construction site, or be able to provide corresponding labor personnel according to the time required by the construction enterprise, especially the labor personnel of the original labor subcontractor mainly come from the labor subcontractor in Hubei and other severe epidemic areas If the original labor subcontractor cannot continue to provide labor services, there are still a series of problems in replacing the labor subcontractor Only after the qualified labor personnel have been implemented can the construction be officially started 2 Whether there are materials and equipment required for commencement and resumption The construction needs corresponding materials and equipment Due to the overall impact of the epidemic, the government, all enterprises, even the village committee and the community property management committee are taking various control measures, resulting in the closure of some roads and the shutdown of some enterprises Before the commencement of construction, they should contact the corresponding material and equipment suppliers in advance to determine whether they can supply the corresponding materials to the construction site Equipment If it cannot be supplied, it also involves the replacement of suppliers and other issues 3 Before the commencement of the project, the main management personnel of the project shall be inquired and implemented in detail to know whether they are infected with the new crown and isolated If some of the management personnel have the above conditions, they shall be assessed whether they are qualified for commencement 4 Whether the site layout meets the conditions for commencement and resumption of work under the current epidemic situation, the site layout is more strict than usual For example, whether the enclosure or enclosure of the construction site, living area and office area is tight and firm, whether the enclosure of the construction site meets the relevant standards and specifications, and whether the regulatory requirements of the government, workers' dormitory, bed layout, sanitation and heating requirements meet the requirements 5 In addition to the above-mentioned conditions under special epidemic conditions, the general conditions for commencement and resumption of work, such as whether the construction drawings are available, whether the road conditions are available, and whether the government procedures are properly handled, should also be considered （3） Negotiate with the employer to determine the commencement and resumption time Under the premise of judging whether the construction enterprise has the conditions for commencement and resumption of work, it is necessary for the construction enterprise to actively consult with the employer in advance to understand the relevant situation and ideas of the employer, to understand whether the employer, the supervisor, the designer, etc also have the conditions for commencement and resumption of work All parties shall try to reach an agreement on the commencement and resumption date through consultation to avoid disputes (four) novel coronavirus pneumonia is necessary for the construction of the construction enterprise According to the following two reasons, it is suggested that the construction enterprises should negotiate with the employer in accordance with the specific conditions of the site and the construction organization of the project, and decide on the phased construction schedule: 1 Before the epidemic situation is completely eliminated, it is difficult to exclude that there are no infected workers among the labor workers on the construction site If the construction site is in full operation and all the labor workers are in place, under the condition that the workers on the construction site are confirmed to be infected, according to the current practice, it is likely to isolate and observe all the workers on the whole construction site If there are more infected workers In this case, it is likely that the site will be shut down completely In this case, construction enterprises will face huge losses, and it is easy to be held responsible for dereliction of duty 2 Many restrictions on construction before the epidemic situation is eliminated Before the epidemic situation was completely eliminated, there were many constraints on the supply of human, material and machine resources It was very difficult to even provide workers with masks and other protective equipment Under the current situation, many hospitals had insufficient protective equipment If the construction site started, it would be very difficult to purchase enough protective equipment in a short time Based on the above two considerations, we suggest that the construction enterprise should communicate and negotiate with the employer and the supervisor, and take measures such as partial commencement, partial construction and mechanical construction to prioritize the construction, increase the number of personnel in a planned and step-by-step way, and increase the construction volume to start and resume the construction 2 What should be paid attention to after the construction enterprises return to work? After the commencement and resumption of the project, in addition to the organization of construction in accordance with the normal requirements of various standards and specifications, we should also pay attention to some special requirements under the current epidemic situation, especially some mandatory requirements put forward by the competent department of the local government Specifically, we believe that under the premise of complying with the mandatory regulations of the relevant government departments, construction enterprises should pay special attention to the following matters after the commencement and resumption of Construction: (1) establish a coordination mechanism for epidemic prevention and control The employer, the general construction contractor, the supervision unit, the specialized subcontractor, the specialized contractor, the labor subcontractor and other relevant units shall establish the prevention and control consultation organization and mechanism, and define the relevant responsible persons The person in charge of the project shall keep close contact with the prevention and Control Department of the local government, know and reflect the relevant situation at any time, and declare relevant materials and data （2） The construction enterprises shall be equipped with enough full-time health workers, who are responsible for monitoring body temperature, ventilation and disinfection, distributing and supervising the use of personal protective equipment, publicity and education, etc The new labor service personnel must carry out 14 days of supervised medical observation, and the full-time health personnel shall monitor the body temperature and physical condition in the morning and evening, and make records In principle, it is not allowed to leave the construction site, living area and office area without special circumstances during the period of supervision medical observation At any time, once fever, fatigue, dry cough and other symptoms are found, it is necessary to immediately report to the relevant departments of the local government and see a doctor as required （3） Strengthen the management and control of external personnel and implement various prevention and control measures Due to the needs of site construction, it is inevitable that some suppliers, subcontractors and other relevant personnel will enter the construction site For the personnel other than the registered management personnel and labor personnel, if it is necessary to enter the construction site, living area and office area temporarily, a special person shall be designated to receive them, inquire about the relevant situation, check the physical condition and personal protection, register them, enter after permission, and supervise them to leave in time In addition, workers' accommodation, diet, life and other aspects should be arranged and managed in accordance with the relevant epidemic prevention and control requirements Monitor the temperature of management personnel and labor personnel at least twice a day and make records Do a good job in daily disinfection, garbage disposal and toilet cleaning Do a good job in material support and epidemic prevention training （4） Do a good job in emergency disposal A novel coronavirus should be established to establish a mechanism for emergency response and to clarify the corresponding process and system Once a suspected new patient is diagnosed with suspected pneumonia, a confirmed patient and a close contact, the construction enterprise must provide the necessary services for health care departments, disease prevention and control institutions, medical and health institutions to do the investigation, isolation treatment and home observation according to the relevant provisions The necessary human and material resources and capital guarantee, etc shall be in strict accordance with the guidance of relevant departments and institutions, and the relevant follow-up management shall be well coordinated （5） Set up internal isolation mechanism according to the specific situation As mentioned above, before the epidemic situation is completely eliminated, it is difficult to exclude the labor workers from the construction site from being infected Once a confirmed patient occurs, if the internal isolation is not effective, the whole construction site will be shut down and isolated Therefore, based on the different situations of each construction site and project, it is suggested to separate different teams, sections and specialties, especially in the aspects of accommodation, canteen and living area If the isolation work is well done, even if there are individual workers who are diagnosed with the disease, in addition to close contacts, it is not necessary for all workers to be isolated, nor for the whole project to be shut down 3 Whether the construction enterprise has the right to apply for the extension of the construction period will inevitably lead to the delay of the construction period under the influence of the current epidemic situation As a contractor, the first problem is to apply for the extension of the construction period to avoid the liability for breach of contract Does the construction enterprise have the right to apply for the extension of construction period? How to apply for the extension of construction period? Next, we will start with two legal concepts （1） Whether the new epidemic situation constitutes force majeure refers to the unforeseeable, unavoidable and insurmountable objective conditions when the contract is concluded To determine whether the epidemic constitutes force majeure, we can understand it from the following two aspects: 1 Whether the contract stipulates that the plague belongs to force majeure for force majeure, both parties can agree in the contract The term "force majeure" refers to the unforeseen, unavoidable and uncontrollable accidents of the parties after the contract is concluded, resulting in the failure to perform the contract or the failure to perform the contract on time