As the end of the lunar calendar approaches, incidents of tiles falling off are popping up one after another.
1 More than 80 tiles fell off in a community in Shenzhen in 20 days
More than 80 tiles fell off in a community in Shenzhen in 20 days
In the past month, the ceramic tiles and limestone on the walls of a community in Dalang, Longhua, Shenzhen have fallen off seriously, and the area has gradually expanded. According to statistics from the community management office and the construction company, as of January 15, 2021, there were 86 tiles falling inside the community building.
According to the owner, since moving into the community, tiles have fallen off intermittently, but the frequency is not high. The change mainly occurred after construction started at the construction site next to the community at the end of last year. About a month after the construction site started, cracks and subsidence began to appear on the road connecting the community to the construction site. Later, the cracks gradually extended from the road surface of the exterior wall of the construction site to the parking lot on the first floor of Building 3 of the community, and slowly extended to other buildings.
The Longhua District Construction and Public Works Department stated that although the main cause of problems such as tiles falling off in surrounding communities has not yet been identified, the Public Works Department has immediately requested the construction unit to suspend the construction of the pile foundation project until the expert analysis results are available. And the following measures were taken: Relevant construction units were ordered to actively cooperate with the community property to carry out investigations; communication with the community property and owners was strengthened, and the construction unit was arranged to cooperate with the community property to repair the tiles that had fallen off or were at risk of falling off. Strengthen the inspection of ceramic tile walls and other facilities to eliminate potential safety hazards; reinforce and repair the soil beneath the cracks in the community's pavement; require inspection agencies to continue to strengthen the monitoring of the main structure of the community's buildings to ensure the safety of the main structure.
(Source: Shenzhen Business Daily)
2 A row of wall tiles suddenly fell off in a restaurant in Ningbo, and the decoration company withdrew after several negotiations
Recently, Mr. Ding, a Ningbo citizen, reported to NBTV news reporters that he runs a restaurant. Not long after the restaurant was renovated, he discovered that the tiles on the wall had fallen off. The video he shot shows that at 11:54 on December 27, 2020 (the shooting time shown in the picture), a row of tiles fell instantly on one side of the wall in the back kitchen of the restaurant.
Mr. Ding told reporters that this is not the first time that tiles have fallen. In the past few times, because the falling area was under the wall and relatively close to the ground, no one paid much attention to it. It wasn't until this time that the tiles fell from the wall more than 2 meters high, almost injuring someone, that everyone became scared. Mr. Ding felt that the reason why the tiles fell was due to problems with the construction quality of the decoration unit. According to the contract he signed with a decoration company responsible for the decoration construction,According to the construction contract signed by Party B, after the project is completed, Party B will perform warranty on the project in accordance with regulations. During the warranty period, any quality defects caused by Party B's construction shall be covered by Party B free of charge. The warranty period shall be calculated from the date of completion acceptance, and the warranty period is 1 year. . Since the warranty period was still one year away, he called the decoration company many times to ask it to fulfill its outstanding repair obligations, but the decoration company kept delaying and the problem was never solved.
This time, under the witness of reporters, Mr. Ding communicated with the person in charge of the decoration company on the phone. The person in charge of the decoration company admitted that there were problems with the decoration, and the tiles became damp during use, so they fell off. After more than an hour of communication, the two parties finally reached an agreement: Mr. Ding will find someone to solve the current decoration problems. The decoration company will refund Mr. Ding’s project payment of 4,500 yuan. Any decoration problems or warranty issues that arise later have nothing to do with the decoration company. . In this regard, Mr. Ding said that he was quite satisfied with the outcome of the incident handling.
(Source: Ningbo Mobile TV)
3 A tile fell from upstairs in the community and injured an elderly man. Each of the 221 residents was compensated more than 3,600 yuan
At 11:00 noon on July 31, 2019, Ms. Pan, the owner of a community in Kunming, Yunnan, and her daughter went out to return home. As soon as they walked downstairs of the unit, a palm-sized tile suddenly fell from the sky and hit Ms. Pan on the head. , causing hemiplegia of the limbs, costing more than 400,000 yuan in medical expenses. After judicial appraisal, Ms. Pan's hemiplegia was classified as a second-level disability, and her later medical expenses were assessed at 60,000 yuan.
Since the person who threw the object could not be found, Ms. Pan took 225 residents above the 2nd floor of Building 26 of Xingfu Neighborhood Community and the property management of the community to court. On December 3, 2020, the Guandu District People’s Court publicly heard the case. Ms. Pan claimed a total of more than 1.2 million yuan including medical expenses, nursing expenses, follow-up treatment expenses, disability compensation, etc.
On January 15, 2021, the judgment was released. The court supported the various expenses claimed by the plaintiff by more than 980,000 yuan, of which more than 197,000 yuan was borne by the defendant property company, and the remaining 80% was borne by the 26 identified buildings. Compensation for residents above the second floor is divided equally, and each household needs to be compensated 3,620.85 yuan.
As soon as the verdict came out, one of the residents of Building 26 of Xingfu Neighborhood became the defendant and cried out: "I feel very unjust. We didn't throw anything away, so we can't accept it."
(Author's note: Of course, in this case, the exterior wall bricks did not fall naturally, but were artificially thrown from high altitude.)
(Source: Urban Live Comprehensive Yunnan Urban Channel)
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In real life, incidents of falling tiles are common, but the degree of harm varies: some hurt or even kill people, some scare people half to death, and some happen quietly, with no one aware of the incident.
What causes tiles to fall off?
Many people take it for granted that it is a quality problem with the ceramic tiles themselves. It is undeniable that some incidents of tile falling off are caused by the quality of the tiles, but more likely it is due to paving problems and management problems.
Who should bear the responsibility in the frequent incidents of tiles falling off?
Relevant laws and regulations have already made clear provisions. For example, the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differentiated Ownership of Buildings" clearly stipulates the identification of owners. Article 4 stipulates, “During the warranty period, if the quality defects of the house construction project cause personal or property damage to the house owner, user or third party, the house owner, user or third party may make a claim for compensation to the construction unit. Construction The unit shall seek compensation from the party responsible for the quality defects in the housing construction project"; Article 15 stipulates that "if any new personal or property damage is caused by the delay in warranty, the party responsible for the delay shall bear the liability for compensation."
Therefore, if the tiles of the house fall off and injure people during the warranty period, the developer will be responsible; for communities without property, all residents of the residential building will bear the responsibility.
The problem is that the responsible parties like to argue until no one is actually harmed. However, once an injury incident or even a life-threatening lawsuit occurs, all problems will be solved and everyone will have nothing to say - but when no major incident occurs, all parties will try their best to shirk the blame and never say that it may come at any time. Treat the consequences as one thing.
In these incidents, Tile actually took a lot of blame for the responsible parties who were unwilling to take responsibility.
The quality of ceramic tiles is very important, as is the sense of responsibility and level of the responsible party. The relevant provisions of the law are more important, but even more important is supervision. For example, in case 3 above, the key to the successful resolution of the ceramic tile construction quality incident is both It does not depend on how enlightened the decoration company is, nor on how eloquent the victimized owners are. The most critical role is played by reporters.
Yes, let me say it again: the reporter!
As soon as it is exposed, the decoration company will be afraid. So, lay tiles and buy tiles outCurrent issues require rights protection, and exposure to the media is one of the most effective ways.
Of course, the final result depends on whether the responsible party has reached the point where it is broken. If they/they are already facing bankruptcy, no matter how intense the exposure, even legal means may be of no avail; if they/they still plan to rely on reputation to operate, exposure to the media is indeed a very effective way.
