case

Hu renovated his own house and contracted the mud and water project to Chen in a spot contract manner, which included cleaning work, labor but not materials. The mud work cost 100 yuan/day and the rough work cost 80 yuan/day. Due to insufficient manpower, Chen asked his colleague Zhou to participate together. During the process of renovating the house, due to the lack of safety measures such as safety nets, Zhou accidentally fell from the roof to the floor, breaking his spinal disc and causing first degree disability. Subsequently, due to the failure to reach an agreement on compensation, Zhou sued the homeowner Hu in the Huangyan District People's Court, demanding that he bear hundreds of thousands of losses.

Lawyer's viewpoint

The contractual relationship refers to the rights and obligations of the contractor to complete the work according to the requirements of the ordering party, deliver the work results, and the ordering party to pay remuneration.

Because building a house is a highly professional and technical job, as a homeowner, Hu is not proficient in this job. He needs Chen and Zhou to provide technology and experience, and focuses on the results of the completed house work. Hu does not aim to earn profits from Chen and Zhou. Due to a lack of professional knowledge in building houses, Hu did not command and arrange the work of masons such as Chen and Zhou to obey him. On the contrary, Hu did not have to follow the arrangements of Chen and Zhou, providing the necessary materials and various convenient conditions for the renovation of the house. As for whether to pay on a daily basis or to include expenses, it is only a difference in the calculation method agreed upon by both parties, and is not the only criterion for judging the contract and employment relationship. So Hu, Chen, Zhou, and others do not have a relationship of domination and obedience, so it should be recognized as a contractual relationship rather than an employment contract relationship. If the defendant Chen Yuanjiang did not earn any profits or profits, it should be considered that Chen and Zhou jointly contracted or jointly contracted. In the contracting relationship, if the contractor suffers damage or causes harm to others during the completion of the work, except for reasons that cannot be attributed to both parties such as force majeure, the contractor shall independently bear the risk during the completion of the work. The injury of Zhou in this case was caused by the defendant Chen and Zhou's negligence and failure to use safety measures such as safety nets, and they should bear the risk themselves.