Housing decoration is a major event in life, but because most of the owners are not professionals, lack of experience, and the "hidden rules" and "traps" in the field of decoration and decoration are endless, resulting in chaos and disputes in this industry.
The reporter learned from the court that in the process of decoration and decoration, due to lack of integrity, unclear agreement between the two parties, and irregular operation, many cases of decoration and decoration disputes were triggered. After such cases are brought to the court, the contradictions between the two parties are large, and the evidence is seriously insufficiently reserved. As a result, the owners' rights to defend their rights are difficult and the rights are difficult to be effectively guaranteed. According to Chen, the First People's Court of Dongguan, the contractors in the home improvement market are not all decoration and decoration companies with construction qualifications. There are two groups in this industry. One is a qualified decoration and decoration enterprise; the other is unqualified. Construction team. Now through the real case, the public will be introduced to the problems that are easy to appear in the decoration of the above two groups and the corresponding preventive measures.
Case 1: Verbal agreement cannot protect its own rights and interests
In November 2010, the plaintiff and the individual construction team, who were the operators of a gourmet restaurant in Dongguan, verbally agreed on the price of decoration and decoration. Then the defendant found four people to decorate the plaintiff's food store, so that when the 2011 Spring Festival approached, the defendant The plaintiff prepaid some of the decoration money by means of living expenses, and wrote a note on the completed project quantity, but no signature was confirmed by both parties. After the Spring Festival, the defendant's individual construction team no longer carried out the renovation. The plaintiff believed that the advancement of the advance payment exceeded the amount of the construction work of the defendant and filed a lawsuit with the court.
[Judge's statement] Oral agreement can not protect rights and interests
This is a typical type of case that is orally contracted with an unqualified individual construction team. There was no written agreement on the decoration between the owner of the case and the unqualified individual construction team. During the renovation, the completed part was not settled and no written materials were signed. This is a very hasty practice. In real life, many projects are introduced by acquaintances. After entering the proceedings, the parties often state that the two parties are friends and do not need to sign a contract.
However, after the dispute occurred, the verbal agreement did not protect their rights and interests, and did not help the investigation of the facts of the case. The owner must remember that whether or not it is an acquaintance relationship, after signing a decoration agreement with the individual construction team, it must sign a written contract or other materials, and write the engineering quantity, unit price, calculation method of the increase and decrease engineering, etc. The form is fixed and the evidence is retained.
[Judge reminds] Please ask the construction team to confirm in writing
Judge Chen reminded that when entrusting an unqualified construction team to carry out renovations, the following aspects should be noted:
The first is to sign a contract and clarify the quotation. The unit price of the renovation project, how to calculate, and which parts are given, must be fixed by contract. In order to obtain the project before construction, some construction teams will promise some attractive conditions and gift projects. If they do not agree in writing, the owners will most likely not get these gifts during the renovation process, and will pay more. A high price.
The second is to confirm the completed part in writing. Especially for concealed projects such as water, electricity, woodworking, etc., after completing one item, the amount of work and the quality of the project should be confirmed in writing to avoid unnecessary disputes in the future. If the amount of work is not determined, it needs to be identified after the dispute occurs, and unnecessary expenses will occur. The identification of the concealed project needs to destroy the completed project, causing unnecessary losses and delaying the use of the house.
Third, after the dispute has occurred, do not rush to carry out secondary construction while maintaining the status quo. If the owner is in a hurry to move into a new home, he or she must wait for the dispute to be disposed of before performing the second construction, or perform the second construction after retaining sufficient evidence and passing the procedures such as notarization.
The fourth is to pay according to the progress. Do not pay in one lump sum or pay more when a certain amount of work is not completed, so as to avoid the construction team no longer continue construction after the dispute occurs, and the owner pays more for the decoration.
Case 2: The decoration is not accepted, do not sign the confirmation
The owner Mr. Chen and the decoration company signed a “family room decoration and construction contract†and a supplementary contract for the construction contract. The contract stipulated that the decoration company should carry out renovation for its new house. In addition, Mr. Chen also signed and confirmed the contract details of the “Customer Entrusted Company Operating Fund Stored Value Card Confirmationâ€, as well as the “Inner Purchase Material Supply Contract†and the budget quotation. After the above contract was signed, the plaintiff recharged the fund's stored value card by more than 60,000 yuan. After the renovation company entered the construction, it was suspended midway and it has not yet been completed.
However, Mr. Chen’s signature was signed on the “Water and Electricity Concealed Engineering Acceptance Record Form†and the “Engineering Completion Acceptance Record Form†submitted by the decoration company. The content shows that the waterworks, electricians and masons in the project are completed and accepted, and the quality of the above projects is confirmed. In the "Water and Electricity Concealed Project Acceptance Record Form", Mr. Chen further confirmed that the concealed works such as hydropower were qualified. However, Mr. Chen said that there are many false cases in the "Water and Electricity Concealed Project Acceptance Record Form", and the decoration company has fraudulent acts and appealed to the court.
[Judge's statement] The signature of the owner is equivalent to confirming the construction status of the decoration company.
This case is one of the typical cases in the decoration and decoration contract. It is a contract with a qualified decoration company and is decorated and decorated on the basis of the contract. However, in the process of decoration, the owner must pay attention to the details. On the basis of the contract, attention should also be paid to the acceptance and signature of each link. Because the owner is not a professional, many professional problems in the decoration are not understood. For example, the owner in this case has signed the "Engineering Completion Acceptance Record Form" and "Hydroelectric Concealed Engineering Acceptance Record Form", which is regarded as It was confirmed for the construction of the defendant.
[Judge reminder] When the owner confirms the project, he must first review and sign
Judge Chen also reminded that when selecting a qualified decoration company for renovation, we must also pay attention to the following aspects:
When the owner signs and confirms the quantity of work and concealed works, it must be carefully checked. If you lack professional knowledge, you can review these items together with the property company in the community. The signature must be made after the review is clear. In addition, when signing a contract, you must carefully read the contents of the contract to ensure your own rights and interests; as well as the agreement on the quality guarantee, when the owner pays the construction cost to the decoration company, he must remember to keep the warranty and leave it for one year. Pay. In this way, you can find a decoration company to repair when there is a problem with the quality of your house.
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