A written contract must be signed for house decora

2022-07-22
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A written contract must be signed for house decoration

the municipal consumer committee reminds consumers and operators to sign a written (contract) agreement before house decoration

link: model text of family room decoration construction contract

[typical case]

consumer Mr. Yuan reported that two months ago, a friend introduced him to sign a contract with an engineering company in Hong Kong. The decoration cost of Mr. Yuan's new house was 420000 yuan. He paid 370000 yuan in advance and 50000 yuan after the decoration project was completed. But now the company has stopped work after only 80% of the housing decoration works have been done. The reason is that an engineering company in Hong Kong subcontracted the decoration works to a decoration design company in Shenzhen. It is said that the two companies have had economic disputes again. Now Mr. Yuan's new house can't be occupied, the decoration materials can't be moved away, and it can't be decorated by a third-party company. And the contract did not write the responsibility for breach of contract, and the two companies did not care. He did not know how to deal with it

[lawyer's comments]

lawyer Du Yanzhi of Guangdong Jingtian law firm commented:

Article 94 of the contract law stipulates: "in case of one of the following circumstances, the party may terminate the contract:... (III) one of the parties delays in performing the main debt and fails to perform within a reasonable period after being urged."

in view of the fact that the contract signed between the consumer Mr. Yuan and a Hong Kong company in this case does not clearly stipulate the treatment of breach of contract, according to the above legal provisions, the consumer Mr. Yuan can urge a Hong Kong company to perform its obligations within a time limit. If a Hong Kong company is still lazy in performing its decoration obligations within the time limit, Mr. Yuan can exercise the right of cancellation to a Hong Kong company in writing in accordance with Article 96 of the contract law, The contractual relationship between the two parties is terminated when Mr. Yuan's written notice arrives at a company in Hong Kong. However, Mr. Yuan should pay attention to the collection and retention of evidence in the process of exercising his rights, and it is best for both parties to reach an agreement on the quantities and the settlement of the project funds when the contract is terminated, or for a third party to participate in the confirmation of relevant evidence, so as to avoid further disputes or future claims for the project funds

[tips of the Municipal Council]

decoration complaints have been one of the hot consumer complaints in recent years. The Municipal Council has recently received many complaints similar to this case. The main problems are: first, selling dog meat by hanging sheep's head. One project was contracted, while the actual decoration project was another, and the project was seriously subcontracted at all levels. The second is to collect money before decoration. Some even pay most of the decoration money to the decoration team. If there is a phenomenon of project subcontracting, it will lead to that those who don't specifically do the project receive money, but those who really work don't get money. Some even appear that the boss receives money, but the working workers don't get money, leading to the situation that the working workers ask the decoration owners for decoration expenses, and consumers fall into a passive position for this. House decoration is a systematic project with complex consumption. If consumers are careless, their rights and interests will be infringed

for this reason, the Municipal Council of the people's Republic of China reminds that in order to avoid disputes, consumers and operators should sign a written (contract) agreement to clarify the rights and obligations of both parties before house decoration. The terms of the agreement shall include: project scope, construction period, commencement and completion time, project quality, project cost, delivery time of technical data, responsibility for material and equipment supply, payment and settlement, completion acceptance, quality warranty scope and quality warranty period. In addition, it should also be stated in the contract that the project cannot be subcontracted, especially to some unlicensed and undocumented decoration teams, and the responsibilities of subcontracting should be clarified

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