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通常认为,工程质量问题一般是指工程质量缺陷,在缺陷达到了一定的程度后,即构成了工程质量不合格。或者说,工程质量缺陷是指房屋建筑工程的质量不符合工程建设强制性标准及合同的约定。而法律意义上的风险责任,一般是指由于不可归责于合同双方当事人的事由而使标的物遭受毁损、灭失的情形。但在建设工程施工合同中,引起风险责任的事由也包括应归责于合同双方当事人的事由而使标的物遭受毁损、灭失的情形。一、问题的提出
Generally believed that the quality of the project generally refers to the quality of the defects in the defect has reached a certain level, which constitutes a project of substandard quality. Or, the quality of construction defects refers to the quality of housing construction projects do not meet the mandatory standards and contractual agreement. In the legal sense, the risk responsibility generally refers to the situation that the subject matter is damaged or lost because of the things that can not be attributed to the parties to the contract. However, in the construction contract, the cause of the risk liability also includes the situation that the subject matter should be damaged or lost due to the reasons attributable to both parties to the contract. First, the question raised