How to terminate the contract in case of dispute during construction

The problem of irregularity in the home improvement market has been a long-standing issue. The owner has had a dispute with the decoration company during the renovation process. He wants to suspend or rescind the contract. However, he often finds that most of the terms in the contract are to protect the interest of the decoration company, and the industry mainly suspends the contract. Pay a penalty fee. This understands that it has already fallen into the contracting trap of the decorating company. Here are three cases of disputes with formal contracts. Let us consult with a lawyer.

Case 1

Ms. Zhao reported that she had signed a decoration contract with a decoration design company and began construction. It was found that the wall coating used by the company was not a contracted brand, but it was suspected of being shoddy. After negotiating with the company, he asked for a new replacement of the paint and started construction. It was rejected by the company. In the complaint process, Ms. Zhao was surprised to find that there was such a clause in the decoration contract. “If Party B (ie, the company) is out of stock in the warehouse, Party B has the right to replace materials of the same quality.” The company stated that they can provide quality certificates for these coatings. Prove that the two belong to "equal quality materials." As a result, Ms. Zhao did not worry.

Lawyers advise

Ms. Zhao in Case 1 found that the materials provided by the decoration company were of poor quality and even used building materials that were harmful to the human body. How to prove the existence of quality problems in these materials has become the key. The latest “Shanghai residential decoration inspection and acceptance standards” involves many Professional knowledge that non-general consumers can understand and apply. Ms. Zhao’s key to solving the problem Since she is in the aspect of material identification, she should immediately look for the Shanghai Bureau of Quality and Technical Supervision to inspect the controversial materials. The inspection cost should be paid by Ms. Zhao first. If the responsible party responsible for the inspection report points to the interior decoration company, the decoration company shall bear the liability for breach of contract, including the inspection fee.

Case 2

Mr. Xu and the decoration company signed a decoration contract: the owner pays for the renovation according to the progress of the project. After the completion of each project, the owner should pay for the decoration after they have passed the inspection. Before the end of the concealment project, Mr. Xu accepted that the direction of the pipeline would cause trouble for future maintenance and required the decoration company to re-arrange the line. However, the decoration company believes that they do not have any faults and that the direction of the pipeline fully complies with relevant regulations. The two sides had a dispute. Mr. Xu was not willing to pay and the decoration company was unwilling to proceed with the construction. This caused a suspension of work and the construction period was shelved indefinitely.

Lawyers advise

Mr. Xu of Case 2 was unwilling to pay for one of the payments for some reason. The decoration company stopped the work without authorization and caused the project to postpone. This type of situation was often justified and it was difficult to distinguish between responsibilities. However, according to common sense, the layout and direction of pipelines should be based on the design drawings that have been signed. If the design is wrong or not detailed, it is recommended that Mr. Xu visit the Shanghai Decoration Association and consult relevant regulations to determine whether the decoration company has irregularities. Can also be directly to the Association to speed up or require mediation, the fault should be paid to the other party to the contractual contractual labor costs.

Case 3

Mr. Zhang chose a decoration company when he renovated the new house. The company estimated that the decoration cost would be around 80,000 yuan and the design fee would be 2,000 yuan as a decoration deposit. After that, the two parties signed the "Design Commission Agreement" and agreed that after Party A and Party B sign the agreement, Party B will design according to Party A's decoration intentions and modification opinions until Party A approves it. After Party A approves Party B's design proposal, it will sign the agreement. During the renovation of the contract, the design deposit will be credited to the total contract amount. If Party A fails to sign a decoration contract with Party B due to Party A's reasons, Party B will not return the design deposit.” After 1 month, Mr. Zhang got the design drawings and found that the design was very common and The decoration budget reached 150,000 yuan, greatly exceeding the previous estimate. Mr. Zhang proposed to suspend the contract and return the deposit, but the company believes that the deposit should not be refunded according to the agreement. The increase in the budget is due to Mr. Zhang’s repeated increase in the grade of materials used, and they do not assume any responsibility. The two parties disputed and the renovation project was postponed.

Lawyers advise

In case 3, Mr. Zhang encountered a situation that many decorators had encountered. The legal determination was based on the contents of the agreement, since Mr. Zhang and the decoration company had a clear agreement on the deposit of 2,000 yuan. , decoration company does not need to return the deposit. In addition, after the signing of the agreement, the decoration company did design for Mr. Zhang’s house, provided a budget plan, and had already paid practical work. The cost of 2,000 yuan could be regarded as their labor income. The previous budget of 80,000 yuan was only an oral statement of both parties. Agreement, no evidence, so there is no legal binding effect.

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