Under the epidemic, how can construction companies handle it?

< br / > the epidemic continues to spreadAt this critical 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 epidemicThe situation of epidemic prevention and control is still grimTo win the war, the government should tackle the difficulties and everyone should do their best< br / > 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< br / > 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 beginningThe 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< br / > 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< br / > when to start and resume construction in Part1 construction enterprise < br / > what should be paid attention to after starting and resuming construction in part2 construction enterprise < br / > whether part3 construction enterprise has the right to apply for postponement of construction period < br / > how to apply for postponement of construction period in part4 construction enterprise < br / > What shutdown expenses in Part5 have the right to require the employer to share < br / > What epidemic situation increase expenses can part6 construction enterprise claim < br / > whether Part7 construction enterprise has the right to terminate the contract < br / > p How to deal with the relationship between art8 construction enterprises and subcontractors < br / > part9 construction enterprises how to pay wages during the epidemic shutdown period < br / > part10 our suggestions < br / > 1When will the construction enterprises start and return to work? < br / > resumption of work refers to the resumption of construction of the project after the suspension of work during the Spring Festival holidayCommencement refers to the commencement of new projectsUnder the overall influence of the current epidemic situation, when should construction enterprises start and return to work should be noted as follows< br / >, For construction enterprises, first of all, they should abide by the regulations of the local government on the commencement and resumption time< br / > (II) check whether the conditions for commencement and resumption of work are actually met < br / > under the premise of complying with the regulations of the competent government departments, the construction enterprises still need to check whether the conditions for commencement and resumption of work are actually met, so as to decide whether the commencement and resumption of work is actually carried out< br / > we suggest that construction enterprises should consider whether they are qualified to start and resume work from the following aspects: < br / > 1Whether they are qualified to start and resume work < br / > 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 unable to provide corresponding labor personnel according to the time required by the construction enterprise, In particular, the labor personnel of the original labor subcontracting enterprises mainly come from the labor subcontracting enterprises in Hubei and other severe epidemic areasIf 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 < br / > 2 Whether there are materials and equipment required for the commencement and resumption of work < br / > 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 roads, some enterprises stop production and contact the corresponding material and equipment suppliers in advance before the commencement, Determine whether the corresponding materials and equipment can be supplied to the site If it cannot be supplied, it also involves the replacement of suppliers and other issues < br / > 3 Whether the main management personnel of the project can work normally < br / > before the project starts, it is necessary to inquire and implement the situation of the main project management personnel in detail to understand whether there is infection and isolation of the new crown For some management personnel with the above conditions, it is necessary to evaluate whether they have the starting conditions < br / > 4 Whether the site layout meets the commencement and resumption conditions < br / > in 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 < br / > 5 Whether the normal conditions for commencement and resumption of work are available < br / > in addition to the above conditions under special circumstances of epidemic situation, the general conditions, 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 < br / >, Avoid disputes (four) novel coronavirus pneumonia (
1) is necessary to start the resumption of work at the necessary time For 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 the arrangement for the phased commencement of work: 1, the risk of work stoppage caused by the infection of new crown pneumonia, before the outbreak of the epidemic is not completely eliminated It is difficult to exclude that there are no infected workers in the labor workers on the construction site If the construction site starts in an all-round way 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 conduct isolation observation on all the workers on the whole construction site If there are more infected workers, it is likely to require the construction site to stop in an all-round way In this case, construction enterprises will face huge losses, and it is easy to be held responsible for dereliction of duty < br / > 2 There are many constraints on the construction before the epidemic is eliminated < br / > before the epidemic is completely eliminated, there are many constraints on the supply of human, material and machine resources, and even it is very difficult to provide workers with masks and other protective equipment In the current situation, many hospitals are short of protective equipment If the construction site starts, It will be very difficult to purchase enough protective equipment in a short time < br / > 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 for commencement and resumption < br / > 2 What should be paid attention to after construction enterprises start and return to work? < br / > 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 < br / > in particular, we believe that under the premise of complying with the mandatory regulations of relevant government departments, construction enterprises should pay special attention to the following matters after the commencement and resumption of work: < br / > (I) establish the epidemic prevention and control coordination mechanism < br / > the employer, the construction general contractor, the supervision unit, the professional subcontractor, the professional contractor, the labor subcontractor and other relevant units, We should establish consultation organizations and mechanisms for prevention and control, and clarify 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 < br / > 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 < br / > (III) strengthen the management and control of external personnel and implement various prevention and control measures < br / > due to the needs of site construction, some suppliers, subcontractors and other relevant personnel will inevitably enter the construction site < br / > for the personnel other than the registered management personnel and labor personnel who need to enter the construction site, living area and office area temporarily, special personnel shall be designated to receive, inquire about the relevant situation, check the physical condition and personal protection, register, enter after permission, and supervise them to leave in time < br / > in addition, all aspects of workers' accommodation, diet, life and so on should be arranged and managed according to the relevant epidemic prevention and control requirements < br / > the temperature of management personnel and labor personnel shall be monitored at least twice a day and recorded Do a good job in daily disinfection, garbage disposal and toilet cleaning Do a good job in material support and epidemic prevention training (four) novel coronavirus emergency management should be done in Construction enterprises should establish emergency response mechanism and define the corresponding process and system Once a new coronavirus is found to infect suspected patients, confirmed patients and close contacts of pneumonia, the construction enterprises must comply with relevant regulations Cooperate with the health department, disease prevention and control institutions, medical and health institutions to do a good job in screening, isolation treatment, home observation, etc., provide necessary human and material resources and financial support, strictly follow the guidance of relevant departments and institutions, and cooperate with the relevant follow-up management < br / > < br / > therefore, based on the different situations of each construction site and project, it is recommended to separate different teams, bid sections and specialties, especially in terms of accommodation, canteen and living quarters 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 < br / > 3 Whether the construction enterprise has the right to apply for the extension of the construction period < br / > under the influence of the current epidemic situation, it will inevitably lead to the delay of the construction period 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 < br / > (I) whether the new epidemic situation constitutes force majeure < br / > force majeure refers to the unforeseen, unavoidable and insurmountable objective situation when the contract is concluded To judge whether the epidemic situation constitutes force majeure, we can understand it from the following two aspects: < br / > 1 Whether the contract stipulates that the plague belongs to force majeure < br / > for force majeure, both parties can make an agreement in the contract Force majeure clause refers to the clause under which the party suffering from force majeure can be exempted from the responsibility to perform the contract in case of unforeseeable, unavoidable and uncontrollable accidents occurring after the contract is signed, resulting in the failure to perform the contract or the failure to perform the contract on time Force majeure clause