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What's wrong with this lawyer?!-Chapter 1075 - 349: Something Seems Off About This Boss
When Tang Fangjing finished speaking, the company boss across from him, Pang Helin, was completely stunned.
Tang Fangjing didn’t rush to say anything further; he just quietly watched the other party.
After a long while, Pang Helin finally spoke: "Lawyer Tang, where did you hear all this from? Did someone from our side actually say something like that?"
"That certainly wasn’t said by anyone from our company. This whole thing, we just felt sorry for him and gave him some money. Otherwise, to be honest, what does this really have to do with us, right?"
"We could’ve chosen to be like other companies and not given a single cent. Don’t you think? But we did give money, and it wasn’t a small amount."
"So there’s no reason for us to say such things."
However, Pang Helin noticed that no matter what he said, the man across from him, Tang Fangjing, kept quietly watching him with an unusually strange expression.
What’s wrong with him? Could he be having some sort of episode right now?
The main thing was that those eyes were incredibly unsettling, as if they could see right through his inner thoughts.
Suddenly, Tang Fangjing smiled: "Mr. Pang, I just heard this from others... By the way, you said you’ve subcontracted the entire project to that company in Modu?"
"Are you certain it was all of it?"
At this point, the other party clearly thought he, Tang Fangjing, was a beginner and kept repeating that everything had been handed over to the other side... If they really had the audacity to subcontract the entire thing, then this would make the issue much easier to resolve.
This act of transferring the entire project to a third party? Do you know what that’s called? That’s called a transfer of subcontracting, which is explicitly prohibited under the "Construction Law."
If someone reports this to the authorities, this company would face serious consequences!
Seeing Tang Fangjing’s smiling face, Pang Helin quickly modified his statement: "Well... it wasn’t the entire thing... It was just the labor portion that was subcontracted to that company."
"Lawyer Tang, you can rest assured on this. Our subcontracting is completely reasonable and legal..."
Tang Fangjing immediately responded: "So, your company’s arrangement with Hanxi Construction Group Company would fall under a professional subcontracting relationship, right? That’s a fair interpretation, isn’t it?"
This was an easy logical deduction. The ability to subcontract labor work rests solely with either the main contractor or a specialized subcontractor.
The other party claimed that their company had subcontracted the labor work to a company in Modu, which naturally led to the conclusion that this company was a specialized subcontractor for the project.
Pang Helin nodded and said: "That’s correct, Lawyer Tang. At the time, we subcontracted the painting work to them. It was legal and aboveboard. So when issues came up later on, they really had nothing to do with us."
Hearing this, Tang Fangjing smiled. This Mr. Pang was still testing the waters even now.
As a specialized subcontractor, they had subcontracted the painting work to a company in Modu. According to the "Qualification Standard for Construction Labor Subcontracting Enterprises," painting work happens to be one of the thirteen certified labor subcontracting categories.
"Mr. Pang, but as the specialized subcontractor for the project, it’s your project where the accident occurred."
"If I’m not mistaken, according to Article 24 of the ’Regulations on the Administration of Safe Production in Construction Projects,’ the main contractor and the subcontractor bear joint responsibility for the safe production of the project."
"Yet, both you and the main contractor have been claiming that your companies are not the actual construction entities and have no responsibility for this accident. Are you sure about that?"
Hearing this, Pang Helin responded: "Lawyer Tang, we’re struggling too. This project has already been subcontracted out. They should be the ones taking responsibility, right? We also have our own projects to manage; we can’t be expected to constantly monitor others."
"Now that there’s been an accident, we’re suddenly expected to shoulder the liability out of thin air? Do you think that’s reasonable?"
Hearing this, Tang Fangjing laughed again: "Mr. Pang, don’t get agitated. I never said you must bear responsibility; I was simply referencing the regulations."
"So, if I understand this correctly, you subcontracted the painting work to that Modu company. They handled the actual work, and Lin Youliang should also be one of their employees. Is that correct?"
Tang Fangjing couldn’t quite grasp why the other party was so agitated. After all, that Article 24 regulation doesn’t only contain those few lines; there’s much more text preceding it.
It states: ’When the main contractor legally subcontracts the construction project to another unit, the subcontract must explicitly define respective safety production duties and obligations.’
In other words, what we often call a safety production agreement, which clearly delineates liability within its terms.
At this point, the agreement should have been used to counter the argument instead of rambling on about, "The project was given to someone else, so it’s not our problem."
And even if worst comes to worst, the main contractor has safety insurance. What’s he so worked up about?
With this in mind, Tang Fangjing quickly shifted tactics.
Pang Helin nodded and said: "That should be the case, but as for the specifics of what they’ve done, I’m not too sure..."
Once again, Tang Fangjing said: "Mr. Pang, can I trouble you with something? My client needs evidence to apply for workplace injury recognition. Would it be possible for us to access your labor subcontract agreement?"
Right now, there’s no concrete evidence. The only available documents are payroll records and some work logs. These are workable but would require additional effort.
If they could obtain the labor subcontract, things would be much simpler.
Upon hearing this, Pang Helin’s expression turned awkward as he said: "Lawyer Tang, I’m afraid I can’t agree to that. These documents are considered commercial secrets. You understand..."
Tang Fangjing immediately smiled and said: "Oh, commercial secrets, I see. No problem, I won’t make things difficult for you, Mr. Pang. But could you at least tell me the name of that company in Modu?"