Criminal Liability Of Developers For Unsafe Construction
Criminal Liability of Developers for Unsafe Construction
Developers in China can face criminal liability under laws concerning building safety, endangering public safety, and causing death or serious injury. Relevant criminal statutes include:
Article 114 & 115 of the Criminal Law – endangering public safety through dangerous methods.
Article 144 – dereliction of duty by persons responsible for safety in construction.
Article 234 – negligence causing death.
Liability arises when developers fail to follow building codes, use substandard materials, or ignore safety inspections, resulting in accidents.
Case 1: Changsha Tianxin Building Collapse (2015)
Facts:
A residential building in Changsha collapsed during construction, killing several workers.
Investigations revealed the developer had used substandard concrete and ignored structural guidelines.
Legal Issues:
Endangering public safety through unsafe construction.
Negligence leading to death.
Court Outcome:
Developer and construction company executives sentenced to 7–15 years in prison.
Fines imposed, and the companies were ordered to pay compensation to victims’ families.
Significance:
Highlighted that developers are criminally responsible for structural negligence.
Reinforced that quality control violations can escalate to severe criminal liability.
Case 2: Hengyang Residential Building Collapse (2017)
Facts:
A residential complex under construction in Hengyang partially collapsed, causing injuries.
Developer had altered design specifications without approval and ignored mandatory inspections.
Legal Issues:
Violations of construction safety regulations.
Criminal negligence causing injury.
Court Outcome:
The head of the developer company was sentenced to 10 years imprisonment.
Construction managers and engineers received 5–8 years.
Significance:
Demonstrated that both management and technical staff can be held liable.
Courts emphasized strict adherence to approved plans and construction norms.
Case 3: Shenzhen Apartment Fire (2018)
Facts:
A newly completed residential building caught fire due to poor electrical wiring installed during construction.
Developer used cheaper electrical materials to reduce costs.
Legal Issues:
Endangering public safety.
Negligence causing death and property damage.
Court Outcome:
Developer executives were sentenced to 5–12 years imprisonment.
Compensation ordered for affected families and residents.
Significance:
Reinforced that cost-cutting on safety standards is a criminal offense.
Stressed the importance of compliance with electrical and fire safety codes.
Case 4: Wenzhou Bridge Collapse (2019)
Facts:
A pedestrian bridge constructed by a local developer collapsed shortly after completion.
Investigations revealed poor material quality and non-compliance with engineering standards.
Legal Issues:
Negligence leading to death and injury.
Endangering public safety.
Court Outcome:
Developer’s CEO sentenced to 12 years imprisonment.
Engineers involved in construction received 6–8 years.
Significance:
Showed that criminal liability extends to civil infrastructure projects, not only residential or commercial buildings.
Emphasized engineers’ accountability for construction quality.
Case 5: Xi’an Residential Complex Collapse (2020)
Facts:
An under-construction apartment block in Xi’an collapsed, killing several construction workers.
The developer ignored mandatory safety inspections and allowed excessive loading on the structure.
Legal Issues:
Violation of building safety standards.
Negligence causing death.
Court Outcome:
CEO sentenced to 15 years imprisonment.
Construction manager received 10 years.
Companies fined heavily and ordered to compensate families.
Significance:
Highlighted direct liability of top executives.
Courts reinforced the need for compliance with building codes, inspections, and safety management.
Case 6: Kunming High-rise Collapse (2021)
Facts:
During construction of a high-rise, scaffolding collapsed due to substandard materials and improper installation, injuring workers.
Developer failed to supervise construction and ignored safety warnings from engineers.
Legal Issues:
Negligence leading to injury.
Endangering public safety.
Court Outcome:
Developer sentenced to 8 years imprisonment.
Safety officer and engineers involved sentenced to 3–5 years.
Significance:
Reinforced that failure to supervise and enforce safety measures is punishable.
Courts clarified that both developers and technical personnel share liability.
Legal Principles from These Cases
Direct criminal liability for developers:
CEOs and directors are personally accountable if negligence or intentional shortcuts cause accidents.
Liability extends to technical staff:
Engineers, site managers, and safety officers can also be prosecuted.
Negligence is sufficient for criminal liability:
Even if harm was not intentional, failure to follow codes and supervision standards can result in imprisonment.
Heavy compensation and fines:
Courts require developers to compensate victims and often impose fines on companies.
Preventive impact:
These prosecutions encourage developers to prioritize safety over cost-cutting.
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