问题 问答题

某工程,建设单位将土建工程、安装工程分别发包给甲、乙两家施工单位。在合同履行过程中发生了如下事件。
事件1:项目监理机构在审查土建工程施工组织设计时,认为脚手架工程危险性较大,要求甲施工单位编制脚手架工程专项施工方案。甲施工单位项目经理部编制了专项施工方案,凭以往经验进行了安全估算,认为方案可行,并安排质量检查员兼任施工现场安全员工作,遂将方案报送总监理工程师签认。
事件2:开工前,专业监理工程师复核甲施工单位报验的测量成果时,发现对测量控制点的保护措施不当,造成建立的施工测量控制网失效,随即向甲施工单位发出了《监理工程师通知单》。
事件3:专业监理工程师在检查甲施工单位投入的施工机械设备时,发现数量偏少,即向甲施工单位发出了《监理工程师通知单》要求整改;在巡视时发现乙施工单位已安装的管道存在严重质量隐患,即向乙施工单位签发了《工程暂停令》,要求对该分部工程停工整改。
事件4:甲施工单位施工时不慎将乙施工单位正在安装的一台设备损坏,甲施工单位向乙施工单位作出了赔偿。因修复损坏的设备导致工期延误,乙施工单位向项目监理机构提出延长工期申请。
【问题】

答案

参考答案:
1.事件1中脚手架工程专项施工方案编制和报审过程中有3处不妥如下:
(1)不妥之处:凭以往经验进行安全估算。
正确做法;应进行安全演算。
(2)不妥之处:质量检查员兼任施工现场安全员工作。
正确做法;甲施工单位应配备专职安全生产管理人员。
(3)不妥之处;遂将专项施工方案报送总监理工程师签认。
正确做法;专项施工方案应先经甲施工单位技术负责人签认。
2.事件2中专业监理工程师的做法妥当。
《工程师监理通知单》中对甲施工单位的要求还应包括重新建立新的施工测量控制网,并应对其正确性负责,同时要做好基桩的保护工作。
3.专业监理工程师发出《工程师监理通知单》妥当。因为关于施工机械配置的控制中明确说明,对于施工机械设备的选择除应考虑施工机械的技术性能、工作效率、工作质量、可靠性及维修难易,能源消耗等内容外,还要审查施工机械的数量是否足够。
专业监理工程师签发了《工程暂停令》不妥。
理由:虽然题中情况应该下停工令但专业监理工程师无权签发《工程暂停令》。正确做法:专业监理工程师发现管道存在严重隐患后,立即向总监理工程师报告,由总监理工程师签发《工程暂停令》,但签发《工程暂停令》要事先向建设单位报告。
4.乙施工单位整改完毕后:
(1)承包单位应进行自检,自检合格后,填报《报验申请表》交监理工程师检查;
(2)监理工程师接到检查申请后,应在合同规定的时间内到现场进行复查验收;
(3)检验合格后予以确认;
(4)征得建设单位同意后,由总监理工程师签发《工程复工令》;
(5)若不符合要求,则要求承包单位继续整改。
5.本题考核的是索赔的概念。
乙施工单位向项目监理机构提出工期延长申请是正确的。
理由:根据施工索赔的概念,索赔是当事人在合同实施过程中,根据法律、合同规定及惯例,对不应由自己承担责任的情况造成的损失,向合同的另一方当事人提出给予赔偿或补偿要求的行为。因此,能否提出索赔要看双方有无合同关系。根据此概念,本题理由有二。
(1)乙施工单位与建设单位有合同关系,可以向项目监理机构,也即向建设单位提出索赔;
(2)甲施工单位与建设单位有合同关系,建设单位应承担连带责任。

单项选择题
填空题

In the last 500 years, nothing about people—not their clothes, ideas, or languages— has changed as much as what they eat. The original chocolate drink was (26) the seeds of the cocoa tree by South American Indians. The Spanish (27) it to the rest of the world during the 1500s. And although it was very expensive, it quickly became (28) In London shops where chocolate drinks were served became important meeting places. Some still exist today.
The potato is also from the New World. (29) 1600, the Spanish brought it from Peru to Europe, where it soon was widely grown. Ireland became so (30) on it that thousands of Irish people starved when the crop failed during the "Potato Famine" of 1845 to 1846, and thousands more were forced to emigrate to America.
There are many other foods that have (31) from South America to the Old World. But some others went in the opposite direction. Brazil is now the World’s largest grower of coffee, and coffee is an important crop in Colombia and other South American countries. But it is (32) to Ethiopia. It was first made into a drink by Arabs during the 1400s.
According to an Arabic legend, coffee was (33) when a goatherd noticed that his goats were attracted to the red berries on a coffee bush. He tried one and (34) the "wide-awake" feeling that one third of the world’s population now (35) the day with.

In the last 500 years, nothing about people—not their clothes, ideas, or languages— has changed as much as what they eat. The original chocolate drink was (26) the seeds of the cocoa tree by South American Indians. The Spanish (27) it to the rest of the world during the 1500s. And although it was very expensive, it quickly became (28) In London shops where chocolate drinks were served became important meeting places. Some still exist today.
The potato is also from the New World. (29) 1600, the Spanish brought it from Peru to Europe, where it soon was widely grown. Ireland became so (30) on it that thousands of Irish people starved when the crop failed during the "Potato Famine" of 1845 to 1846, and thousands more were forced to emigrate to America.
There are many other foods that have (31) from South America to the Old World. But some others went in the opposite direction. Brazil is now the World’s largest grower of coffee, and coffee is an important crop in Colombia and other South American countries. But it is (32) to Ethiopia. It was first made into a drink by Arabs during the 1400s.
According to an Arabic legend, coffee was (33) when a goatherd noticed that his goats were attracted to the red berries on a coffee bush. He tried one and (34) the "wide-awake" feeling that one third of the world’s population now (35) the day with.