Over 15 times the formaldehyde is responsible for compensation for the decoration company
Ms. Lee signed a contract with a decoration company to decorate a new home in the downtown area. The two parties agreed that the decoration company will include the materials and the decoration will total 100,000 yuan. At the beginning of the renovation, Ms. Li found that the technical level of the decoration workers was not high: there was no water and electricity drawings, the distribution of the pipelines in the walls was not clear, and when the kitchen equipment was installed, the water pipes were leaked; in the course of maintenance, the hot and cold water pipes were connected again. anti.
After the renovation, Ms. Li smelled a strong smell. One month after the renovation was completed, Ms. Li went to her new home and found that the two pots of green plants placed in the living room all turned yellow, and the smell in the room was still very large. Ms. Li was very angry. She was tested by an authoritative organization and found that formaldehyde exceeded the standard by 15 times. Ms. Li found a decoration company and the decoration company agreed to carry out harmless treatment of Ms. Li’s house, but she refused to make compensation for Ms. Li.
[analysis]
Although Ms. Li has signed a written contract, the specific terms of the contract are not detailed. Moreover, Ms. Li under the "all-inclusive" situation, he should always check the decoration situation, or ask a third-party supervision company to check the quality of the decoration company. After completion of the renovation project, acceptance should be carried out, especially for air quality testing. It is suggested that after the signing of the renovation contract, an environmental protection contract shall be signed with the decoration company at the same time so as to prevent the decoration company from refusing to make compensation when the decoration and environmental protection do not meet the standard.
Decoration layer subcontract quality problems can be complained
Ms. Chen signed a renovation contract with a decoration company three months ago, agreed to the entire package, the total price of decoration is not cheap. Because it is a city-level listed decoration company, Miss Chen is also very assured. Who knows the decoration process, but it has changed its appearance, not uniform uniforms, there is no certificate of employment, the same type of work, but also all day substitutions. The woodworkers changed three and the plumbers changed two. Miss Chen looked straight at her heart.
At the end of the renovation, Ms. Chen invited a third party to accept and found a lot of problems: the ceiling was not flat, the floor was cracked, the floor tiles were empty, the socket was loose, and some of the paint on the wall began to peel off. Looked at the acceptance conclusion, Miss Chen is very depressed. Think of it once, when chatting with the little workers, the small workers admitted that they were not the employees of the decoration company. They were only called by the contractor temporarily from the road. It was not clear which subcontracting was done on several levels.
[analysis]
Ms. Chen can make a complaint with the construction administrative department or the consumer association. If the complaint is not handled, he can also file a civil lawsuit with the court according to the contract.
Responsibility for rework depends on the circumstances
Ms. Zhang’s newly purchased one-bedroom house had a problem of reworking the renovation project. Because the decoration company's renovation bathroom waterproof layer does not meet the specification, resulting in the bathroom floor tiles after the plaster, found that its waterproof layer is invalid. In this way, it is necessary to demolish the floor tiles first, and then repair the waterproof layer. This process will increase the construction period by about 15 days.
If the tiles are damaged during the demolition process, they must also repurchase the tiles. Different colors of floor tiles and in-place tiles will also cause color problems. The decoration company stated that it is responsible for the cost of the rework. Miss Zhang was very angry for this, but she also had no alternative. Can only hope that the decoration company rework as far as possible not to delay too much time.
[analysis]
Rework refers to the process of changing a constructed project or reconstructing a substandard project before acceptance of the project. Returning to trade unions has led to lengthy construction schedules and increased expenditures. It is very troublesome, especially for covert projects. Responsibility for rework should be treated differently: 1. The reworking of the decoration company due to improper construction should be carried out by the decoration company, and the compensation fee should be paid in accordance with the contractual standards. The decoration company is not responsible for compensating the owner's other expenses ( Such as loss of work, etc.). 2. The owner changes the rework of the agreed design, and the cost of the material is borne by the owner, and the compensation fee for the decoration company shall also be compensated in accordance with the contractual standards.
Decorate damage to adjacent homeowner responsible for repair
During the renovation of Mr. Wang’s house, due to improper construction of the decoration company, the ceiling was broken when the ceiling was suspended. The lady on the upper floor of the apartment was very angry and asked Mr. Wang to repair the damaged house and give him some compensation. Mr. Wang said that it was caused by the improper construction of the decoration company and he did not bear the liability for compensation. Miss Zhang would like to seek compensation for the decoration company.
[analysis]
According to the Regulations on the Management of Building Decoration, homeowners or house users should be responsible for repairs or compensation for damage to adjacent houses due to decoration. Article 15 of the "Trial Measures for the Management of Decoration in the Family Home" stipulates that disputes concerning the decoration and decoration of family homes may occur. The complaint may be filed with the local construction administrative department or its designated organization, or a civil lawsuit may be filed with the local people's court; According to the nine regulations, if the decoration of a family home due to the decoration of the family room caused the plugging of neighboring residential houses, leakage of water, blackouts, damage to the goods, etc., residents of the family room should be responsible for the repair and compensation, if it is a decoration construction. The responsibility of the unit is to find the decoration unit responsible for the repair and compensation.
Therefore, Mr. Wang should be responsible for compensating Miss Zhang’s losses. Because it is the responsibility of the decoration company, after compensation, Mr. Wang can find the decoration company to bear the liability for compensation.
It is illegal for the decoration team to enter the residential property to collect a deposit
Mr. Zhao bought a three-bedroom, two-room house in a residential area. When the decoration company entered the community to assemble Mr. Zhao’s house, the property company required Mr. Zhao to pay the decoration management fee (deposit). Mr. Zhao believes that there is no legal basis to pay this deposit and therefore refuses to pay. Property security will not allow them to enter the community. In order not to affect the progress of the renovation, taking into account the other owners of the community also paid the deposit, and return to the decoration, Mr. Zhao will no longer dispute it.
[analysis]
There is no legal provision on whether this deposit fee should be paid and to whom. According to the law, all charges should have a legal basis. Any fee without a legal basis is illegal. Therefore, no deposit should be charged. However, from the perspective of the property company and other existing owners, it is reasonable to collect a certain deposit in order to ensure the cleanliness and security of the community environment and the comfort of the other owners' living environment.
However, the property company does not have the right to use the deposit as a fine for the irregularities that occur during the renovation process. However, the construction administrative department should impose penalties on the decoration of the owners and decoration companies.
Decoration contract terminated in accordance with the compensation
Mr. Ma bought a house in a bustling area in a downtown area. The house cost a lot and the decoration can't be done naturally. Mr. Ma signed a decoration contract with a decoration company with higher qualifications, prepaid 10,000 yuan to the decoration company, and the total contract price was 150,000 yuan. The decoration company was Party A and Mr. Ma was Party B. The contract stipulates: "If Party B needs to terminate the contract due to Party B's reasons, Party B shall notify Party A and shall bear the economic losses caused to Party A." However, after the signing of the contract, there is no agreement on the date of commencement of the contract. The party has never stated to Party B whether the decoration design fees and fees and the contract have not agreed on the payment date of the balance. As Mr. Ma’s father abroad was suddenly critically ill, he needed to go abroad for care and was unable to start work for renovations. Therefore, he needed to terminate the contract. Mr. Ma will bear the corresponding liability. like
[analysis]
According to the provisions of the contract law, if one of the parties fails to perform the contractual obligations or perform the contractual obligations and does not meet the contractual stipulations, resulting in losses to the other party, the amount of the damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the contract is performed, but shall not exceed Violation of the contractually foreseeable or foreseeable losses incurred by a party in breach of the contract. Design costs also fall within the scope of liability. The design cost can be determined through good negotiation. If it cannot be determined through negotiation, it can be determined according to normal business practices. If the agreement is a prepayment, it can be returned. If the agreement is a deposit, it cannot be returned.
Remind your new home decoration notice
Select a construction company to see if it has a formal business license, the qualification of the Construction Industry Enterprise issued by the Construction Committee, and if necessary, undertake home projects.
A written decoration contract was signed with the decoration company, and the clauses were written as detailed as possible to prevent the occurrence of disputes.
In the use of materials, choose a larger-scale building materials supermarket. The materials sold by these supermarkets are basically guaranteed in terms of environmental quality. Because the supermarket itself was in the selection process, it carried out the first round of control. Consumers can take a look at the product test report during the selection process. For example, formaldehyde, benzene and other radioactive, volatile things, first of all to see if this is a national testing of qualified institutions, and then see if the material is qualified.
Only after the quality, environmental protection, and energy-saving performance "three-in-one" test data meet the standard can an energy saving and environmental protection renovation project be identified.
Between 12 o'clock and 14 o'clock, between 18 o'clock and 8 o'clock the next day, no decoration activities such as knocking, chiseling, planing, drilling, etc., which generate noise, shall be conducted. All kinds of waste formed by home decoration should be stacked and removed according to the location, mode and time designated by the relevant department.
The contractor and the contractor shall be jointly and severally liable for the crushing, leakage, power cut, and water stoppage of the adjacent residents' houses and their pipelines due to the construction of home decoration.
During the acceptance inspection, check whether there are cracks in the doors, windows, balconies, and floors, and check whether there are any omissions in the facilities and equipment agreed in the decoration contract and whether the number of brands is consistent.
Industry Association clearly inadmissible
If there is a dispute in home decorating projects, consumers often think of complaints, but some complaints are not accepted, so consumers should pay attention. The Shanghai Decoration and Decoration Industry Association clearly stipulates that the following conditions will not be accepted for complaints:
The disputes caused by the private transactions between consumers and home-improvement companies cause disputes in decoration;
Failing to provide the name and address of the claimed party;
Provide the text of the home decoration contract and the uniform invoice issued by the construction company and the evidence of the infringement of the rights and interests;
The price of the home improvement project has been agreed by the parties in the contract, and an objection has been made to the contract price to make a complaint;
In excess of the warranty period agreed upon in the home improvement project, the respondent shall no longer be liable for breach of contract;
The complainant caused problems in the home improvement project because he did not comply with applicable regulations;
An agreement has been reached; there is no new situation or new reason;
Entrusting another person to complain and not issuing a power of attorney;
The quality of the existing controversy can not be tested, identified;
Courts, arbitration institutions, relevant administrative agencies or consumer associations have accepted or handled;
It does not comply with the laws, regulations, and rules governing home improvement projects.
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