To get things done, we need goodwill!

(Baonghean) - While dismantling the project, the construction unit collapsed the wall, causing cracks and cracks, forcing the homeowner to "take refuge" elsewhere. The incident happened more than 20 days ago, but the parties involved have not yet found a common voice.

Construction project, collapsed house wall

On July 21, during the process of dismantling the construction to implement the project of Commercial Center - Office for rent - Housing and Apartment (Saigon Sky) phase 2 invested by Central Investment and Development Joint Stock Company (referred to as the company), the construction unit collapsed the wall of Mr. Pham Van Tan's house (born in 1946, No. 24, Nguyen Thai Hoc Street, Doi Cung Ward, Vinh City), causing damage to many structures and items.

Mr. Tan said: That morning, I woke up early to go to the doctor. After 8 o'clock, my children called to say that the house had collapsed. When I returned, I saw some construction workers scooping bricks out of my bedroom. I asked to leave the situation as it was so that I could have a basis to resolve the matter.

A large area of ​​Mr. Tan's bedroom wall collapsed.

Although it has been more than 2 weeks since the incident, Mr. Tan's bedroom is still in disarray. A large part of the wall has collapsed, the bricks have lost all mortar, the remaining part of the wall is cracked and leaning to one side. According to Mr. Tan, the construction unit not only collapsed the wall but also collapsed the corner pillar, causing large cracks in the roof, stairs, living room wall... causing the house to collapse at any time.

Since the wall collapsed, Mr. Tan had to “take refuge” elsewhere and did not dare to return home. Mr. Tan also said that during the construction process, the construction unit did not notify his family, and furthermore, the demolition process caused a lot of dust and noise, affecting his family's daily life.

It is known that on the morning of July 21, after the incident occurred, Mr. Tan's family reported to the local authorities. The People's Committee of Doi Cung Ward (Vinh City) established a working group to inspect the current situation and at the same time made a record of the scene, signed by all relevant parties.

The scene report clearly stated: “At the time of checking the current status, the construction unit demolished a part of the eastern wall of Mr. Pham Van Tan’s family with an area of ​​about 11.7 square meters. The entire roof and wall of the second floor were peeled off, cracking horizontally across the house. The front of the house had vertical cracks…”.

Not only did the wall collapse, according to the homeowner, the construction unit also knocked down the pillars causing the flat roof to crack.

Also at the meeting, the working group of the People's Committee of Doi Cung Ward requested the investor and the construction unit to stop dismantling the project and negotiate with the family on a solution. And if after 5 days, the parties cannot reach an agreement, they will report to the People's Committee of the Ward for a solution.

No common ground yet

However, after 5 days, the parties still could not reach an agreement on the compensation level. On July 27, the People's Committee of Doi Cung Ward chaired a mediation session between the parties involved. At the mediation session, the family said that the house was currently severely damaged and requested the investor to build a new house, in which the two parties would discuss the details and the family would bear part of the cost.

However, the investor said that the company was not responsible for the damage to Mr. Tan's house. Because the company had signed a contract with the construction unit to buy, sell and dismantle the property, and now that the incident happened, the construction unit must take full responsibility. Also at the dialogue, the representative of the construction unit, Mr. Tran Huu Mai, said that the family's request to rebuild a new house was unreasonable. The unit was only responsible for the damaged areas.

The homeowner said that the construction unit caused noise and environmental pollution to the family during the demolition process.

As a result, the conciliation failed, and the parties still could not find a common voice to resolve the matter. Mr. Vo Tuan Anh - Chairman of the People's Committee of Doi Cung Ward said that upon receiving the information, the ward organized a conciliation to agree on a compensation plan but without results. After that, the ward asked the company to invite an independent appraisal unit to assess the extent of damage to the house. The appraisal results are the basis for the parties to agree on compensation or testify when filing a lawsuit. However, on August 1, when the appraisal unit arrived, the parties still lacked the spirit of cooperation, so in the end, it could not be implemented. The ward instructed the family to submit a petition to the court for settlement.

Working with the leaders of the Central Investment and Development Joint Stock Company, Mr. Le Van San - Deputy General Director of the company said that the incident was something no one wanted to happen, but when it happened, it should be resolved in a reasonable and fair way. Talking about the company's responsibility in resolving the incident, Mr. San provided a contract dated June 27 and said: Before the demolition, the company had made a contract to buy and dismantle the property for Mr. Tran Van Dan (residing in Nghi Truong, Nghi Loc district).

The contract clearly states that Party B (Mr. Dan - PV) is responsible for providing construction measures to ensure absolute safety for people and construction, security and order in the area and issues related to the environment and property of surrounding households during the demolition process. If an accident occurs, Party B is fully responsible for compensating for damages according to the provisions of law. Therefore, when the above incident occurs, the responsibility lies with Mr. Tran Van Dan.

Regarding information, on August 1, the appraisal unit, Nghe An Construction Inspection Center, came to determine the damage to the house but did not receive the family's consent. There are conflicting opinions. According to the family, when the center came, the family did not disagree but let the center do it but will send a petition to the court to request a resolution of the matter. According to Mr. Le Van San, the center asked the company to sign the contract but the company did not agree.

The project had to be temporarily suspended because the two sides could not agree on a reasonable compensation level.

“My company only invited the center to help, the main responsibility lies with Mr. Tran Van Dan. The center has come to look but has not officially assessed the damage. We continuously urge Mr. Dan to quickly resolve the matter so that the company has a site to carry out the project. As for the family, we also understand the situation, but the family should cooperate so that the matter can be resolved soon, avoiding long-term effects on all parties. Through this, we also request that the relevant agencies quickly intervene to resolve the matter,” said Mr. San.

Thus, it can be said that, due to the lack of goodwill of the parties involved, the matter has not been resolved to date. While the construction unit had to temporarily stop the demolition work, it affected the site clearance work, slowing down the progress of the project implementation of the investor. In addition, Mr. Tan's family also encountered difficulties in daily life and was worried about how long the house would "survive", especially when the rainy and stormy season had arrived.

The incident happened and it was unexpected, so the parties need to sit down together and coordinate to soon agree on a reasonable compensation level. Filing a lawsuit is a last resort.

Pham Bang