问题 问答题


某工业厂房工程于1998年3月12日开工,1998年10月27日竣工验收合格。该厂房供热系统于2001年2月出现部分管道漏水,业主检查发现原施工单位所用管材与其向监理工程师报验不符。全部更换厂房供热管道需人民币30万元,将造成该厂部分车间停产损失人民币20万元。
业主就此事件提出如下要求:
(1)要求施工单位全部返工更换厂房供热管道,并赔偿停产损失的60%(计人民币12万元)。
(2)要求监理公司对全部返工工程免费监理,并对停产损失承担连带赔偿责任,赔偿停产损失的40%(计人民币8万元)。
施工单位答复如下:
该厂房供热系统已超过国家规定的保修期,不予保修,也不同意返工,更不同意赔偿停产损失。
监理单位答复如下:监理工程师已对施工单位报验的管材进行了检查,符合质量标准,已履行了监理职责。施工单位擅自更换管材,由施工单位负责,监理单位不承担任何责任。

简述施工单位和监理单位各应负何责任,为什么

答案

参考答案:

解析:(1)依据现行法律、法规,施工单位应承担全部责任,因施工单位故意更换管材不按施工技术规范标准和合同约定施工,违反合同而造成质量不合格,因此应负全部责任。 (2)依据现行法律、法规,监理单位应承担监理失职的责任,因监理单位未能及时发现施工过程中的质量问题,但监理单位未与施工单位故意串通,也未将不合格材料按照合格材料签字,所以承担监理失职的责任不是违法或违约责任。本题考查重点是对“建设工程监理规范”的掌握。

选择题
单项选择题

As with any work of art, the merit of Chapman Kelley’s "Wildflower Works I" was in the eye of the beholder.

Kelley, who normally works with paint and canvas, considered the twin oval gardens planted in 1984 at Daley Bicentennial Park his most important piece.

The Chicago Park District considered it a patch of raggedy vegetation on public property that could be dug up and replanted at will like the flower boxes along Michigan Avenue. And that’s what happened in June 2004, when the district decided to create a more orderly vista for pedestrians crossing from Millennium Park via the new Frank Gehry footbridge.

If you’re looking for evidence that the rubes who run the Park District don’t know art when they see it, all you have to do is visit what’s left of Kelley’s masterpiece. The exuberant 1.5-acre tangle of leggy wildflowers is now confined to a tidy rectangle, restrained on all sides by a knee-high hedge and surrounded by a closely cropped lawn. White hydrangeas and pink shrub roses complete the look. We don’t know who’s responsible for the redesign, but we’ll bet the carpet in his home doesn’t go with the furniture.

Still, you’d think the Park District was within its rights to plow under the prairie. Wrong. Kelley just won at lawsuit in which he argued that the garden was public art and therefore protected by the federal Visual Artists Rights Act. Under that law, the district should have given him 90 days’notice that it intended to mess with his artwork instead of rushing headlong into the demolition, a la Meigs Field. That way Kelley could have mounted a legal challenge, or at least removed the plants.

Park District officials said they never considered the garden a work of art, even though it was installed by an established artist and not, say, Joe’s Sod and Landscaping. We can understand their confusion. Just recently, we figured out that the caged greenery directly south of Pritzker Pavilion is supposed to be an architectural statement and not a Christmas tree lot.

All that’s left is for the district to compensate Kelley for his loss. Whatever price the parties settle on, let’s hope the agreement also provides for the removal of the rest of "Wildflower Works I". If it wasn’t an eyesore before—and plenty of people thought it was—it sure is now.

Which of the following was NOT true about "Wildflower Works I"().

A. It was designed by the famous artist Chapman Kelley.

B. There are two oval gardens at Daley Bicentennial Park.

C. The public voted for demolishing the gardens.

D. The Chicago Park District did not deem it a piece of art.