Legal responsibilities of parties involved
The pit-virus incident that engulfed a car and caused cracks and subsidence in adjacent homes at the Capital Square 3 urban area project has raised big questions about the legal liability of the parties involved.
According to Lawyer Le Xuan Canh – CTTT and Partners Limited Law Firm (Da Nang City Bar Association): Director of Operations, the division of responsibilities of investors and/or builders is determined based on relevant legal provisions and agreements between the parties to the construction contract.
First of all, regarding civil liability, the investor and construction company that caused the accident must compensate all damages to the car owner and the household whose home was damaged due to the construction work. Article 605 of the Civil Code of 2015 clearly stipulates that the owner of a construction project must compensate for damages caused by the construction project.
But in cases where the patient has a problem that leads to second-order loss, he or she must contact the fast food processor.
According to Khan, construction law requires construction companies to take steps to ensure absolute safety for people, construction equipment and adjacent works. In this case, if it is confirmed that the functional body has caused property damage of more than 100 million dong due to the violation of construction regulations, the relevant individual may be held criminally liable for violation of construction regulations with 55% serious consequences in accordance with Article 298 of the Criminal Code.
Procedure for requesting compensation from residents
In the face of inevitable harm, many citizens still find it difficult to protect their legitimate rights. Lawyer Le Xuan Khaing said gathering evidence is the most important step in seeking debt compensation.
According to the provisions of Article 589 of the Civil Code, victims of property infringement have the right to demand compensation for the amount equal to the amount of property damaged, property damaged, and property destroyed. Lost Property Benefits associated with reduced property use and reasonable costs to prevent, limit and repair damage.
Therefore, if you are a car owner, you can demand compensation for stain repair cost structure costs and expenses incurred during the vehicle repair period such as moving stains, etc. In addition, the borrower must collect proof of stains and payment invoices as the basis for compensation claims.
If your home or structure is cracking or sinking, you will need to photograph, video and record detailed damage and contact a professional construction department to assess the damage and develop a plan and cost to repair the damage. At the same time, the company must take steps to report and record the incident to the competent authorities and request the investor/construction department to repair the incident.
1955 For the court to accept its claim for compensation, Madrid must prove four elements. Attorney Canh pointed out that actual damage occurred in Madrid, that the acts that occurred in Madrid were illegal acts on the part of the Madrid construction company, that there was a causal relationship between the acts that occurred in Madrid and the damage, and that there was an element of intent or negligence on the part of the parties that suffered damage and the acts that occurred in Madrid.
The conclusion of the functional body on the cause of the accident will be an important basis for ensuring the due rights of those affected.
