Home decoration disputes are increasing. Perspecti

2022-07-22
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In recent years, with the continuous improvement of people's living standards, home decoration has become a major consumption hot spot in the lives of urban and rural residents. However, due to the current nonstandard home decoration market and the lack of professional knowledge of consumers, home decoration disputes caused by breach of contract are increasing, mainly including the following four images

I. disputes arising from the breach of contract by the undertaker

in the house decoration contract signed by Mr. Xu and a decoration company, it is agreed that the power lines are buried in a reasonable position in the surrounding walls. However, during the construction process, the home decoration company changed the contract without the permission of the owner and laid some lighting lines on the wall surface. Xu took the home decoration company to court for this. The court ordered the defendant to decorate according to the contract and compensate Mr. Xu for economic losses of 2400 yuan. The disputes caused by the Contractor's breach of contract are mainly manifested in: first, it is not completed on time according to the date agreed in the contract; Second, the construction materials are inconsistent with the materials agreed in the contract; Third, in the construction of concealed works, it is not carried out in accordance with the contract, such as the contractor changes the embedding of power lines, gas pipelines and ventilation pipelines without authorization, which may lead to potential safety hazards in the future

II. Disputes caused by the owner's breach of contract

such disputes are mainly manifested in that during the construction process, the owner violated the contract, frequently changed the design drawings and materials, increased or decreased the decoration projects, and delayed the payment of the project funds, resulting in the delay of the construction period. For example, Hu entrusted a home decoration company to decorate his house. The home decoration contract signed by both parties agreed that Hu should pay the project payment by stages according to the construction progress, but after the home decoration company completed most of the projects according to the contract, Hu only paid 3000 yuan for the first phase of the project. For this reason, the home decoration company took Hu to court, and the court ordered Hu to pay 14000 yuan to the home decoration company after trial

III. unclear understanding of the Contractor's qualification

Mr. Ma entrusted Mr. Qiao to decorate his house, with a total price of 24000 yuan. After the completion, Mr. Ma paid only 12000 yuan for the decoration because he was dissatisfied with the decoration quality. To this end, Qiao took Mr. Ma to court. Because Mr. Qiao contracted the decoration business in the name of individual decoration households, he did not carry out approval and registration according to law, nor did he have a business license issued by the Department of industry and commerce, so he did not have the legal qualification to contract the decoration business. Therefore, the court ruled that the decoration contract signed by both parties was invalid, and Mr. Qiao was mainly responsible. Mr. Ma also assumed certain fault liability due to his negligence in the examination of the plaintiff's contracting qualification

the state has strict qualification examination and permission for decoration contractors, but in many places, especially in small and medium-sized towns and rural areas, many contractors undertake housing decoration business without the approval of the competent department, which not only makes it difficult to guarantee the decoration quality, but also directly leads to the invalidity of the decoration contract

IV. do not pay attention to the housing decoration contract

in reality, some homeowners and the decoration contractor only reach an oral agreement to start construction, and some even if a contract is concluded, the elements of the contract are incomplete, which is essentially a simple intentional agreement; Others only pay attention to the decoration price, design drawings, effect drawings and selected home decoration materials, but ignore the important terms such as quality, duration and liability for breach of contract that should be provided in the contract. After the disputes caused by the above-mentioned contract reasons, the two parties often prevaricate with each other, which will directly lead to the difficulty in effectively safeguarding the legitimate rights and interests of the owner (homeowner)

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