Second, the carrier and collection of construction project files? The construction unit shall be responsible for the collection of engineering archives, and shall specify the relevant requirements for the compilation and collection of archives in the main contract; The contents of specific documents in the archives shall be sorted out by the construction unit and submitted to the construction unit. In the general contracting mode, the general contractor is responsible for collecting the engineering documents of all subcontractors and then handing them over to the construction unit. The technical person in charge and the legal representative of the construction unit shall sign and seal the engineering documents that have been assembled, and then submit an application for file acceptance and file transfer to the urban construction archives.
? The external manifestations of engineering archives include paper archives, audio-visual archives (such as photos and videos) and electronic archives (such as CAD drawings and scanned documents consistent with paper archives). Through the reference table in the file, you can get a preliminary understanding of the file types and specific quantities covered by the file, which is convenient for quick query and utilization.
? Three, the legal issues involved in the construction project file management 1, there are clear requirements in the administrative management of government departments.
Article 17 of the Regulations on Quality Management of Construction Projects stipulates that the construction unit shall, in strict accordance with the relevant state regulations on archives management, collect and sort out documents and materials in all aspects of construction projects in a timely manner, establish and improve the construction project files, and hand over the construction project files to the construction administrative department or other relevant departments in a timely manner after the construction project is completed and accepted.
The specific procedures are as follows: when issuing the construction project planning permit, the construction unit shall fill in the project file registration form at the planning sub-bureau or administrative licensing center where the project is located, receive the file and submit the responsibility letter. To meet the requirements and need to be included in the scope of urban construction archives, the construction unit shall submit the pre-acceptance opinions of the project archives to the urban construction archives management institution 30 days before the completion acceptance. After the construction unit obtains the approval document of the project file, it can organize the project completion acceptance. Within 3 months after the completion and acceptance of the project, submit the project files to the urban construction archives.
? The above procedures are the administrative requirements of the competent department of construction. In violation of the above provisions, the administrative organ has the right to order it to make corrections and impose a fine.
2. Clues that objectively reflect the evidence after the dispute.
The archival materials that meet the acceptance scope of the urban construction archives are clean, complete and standardized after inspection and acceptance; If used as evidence, it can basically meet the requirements of authenticity, legality and relevance of evidence; Therefore, it can be concluded that unless there is evidence to the contrary to prove that it is inconsistent with the facts, the project file has high evidential force in the judgment and should be the focus of lawyers' attention and evidence. For example:
1, and prove the subcontracting qualification according to the files, etc.
2. Whether it is a measurement error or not, the engineering file can provide a judgment standard;
3, quality, time limit for a project, cost dispute settlement should be based on the construction project files;
Facing the disputing parties with different opinions, the court often introduces the appraisal unit to solve special technical problems. If the procedural documents submitted by both parties are incomplete or can't reflect the true meaning of both parties, the appraisal unit may not be able to give an appraisal conclusion because there are not enough documents and technical data as the basis for appraisal, which leads to the delay in judging the case. Therefore, a complete project file provides an objective basis for dispute resolution, judicial expertise and court decisions.