Case: Designer loses item intentionally
Recently, the reader, Mr. Chen, said: "My family's home is a 96-square-meter two-bedroom apartment. The decoration price contracted with the decoration company contract is 60,000 yuan. However, the decoration company does not have uniform distribution of environmental protection materials, and the level of technology is very general. In the mid-term inspection and payment, there were nearly 30,000 yuan more than the contract.The decoration of my house did not increase the project. The foreman said that the designer had calculated the size wrong, and the contract had a clause of 'calculation according to actual calculation'. As long as I Without money, the construction site will be shut down. This is a real headache.†In response to this, industry sources explained that such disputes are “unclear to the contract†or “designer’s intention to lose itemsâ€. The purpose of the design pricing is not to decorate the owner, but to price according to the owner's consumption level, and to make a difference in calculating the specific size, resulting in a clear difference between the contract price and the actual settlement price. According to the characteristics of the industry, it should be deemed as a deception of the contract, but because the contract states that "according to the actual calculation," the owner is obviously at a disadvantage.
Experts: Notice the loopholes in the contract
Mr. Jin of the China Indoor Association reminded consumers that if the owner thinks that there are errors in the decoration company's fraud, the calculation of the amount of works, and the decoration costs in the middle period of decoration, he can directly apply for fair calculation and measurement. It is advisable for the owner to consult with the decoration company prior to signing the contract. The relevant parties are required to verify whether the procedures are legal and effective and sign a decoration and decoration contract under the supervision of a professional supervision engineer to avoid being deceived.
First of all, the contract must specify the specific requirements and completion date of the renovation. Some consumers did not pay attention to these two points when signing the contract, which “created†conditions for certain decoration companies to make rigors and delays.
Second, in the contract must specify the use of decorative materials, the specific brand or model to prevent decoration companies shoddy.
Third, if you increase or decrease certain renovation projects while the project is in progress, you must fill in the relevant "Project Negotiation Bill" and import it into the decoration contract as an attachment to the contract.
Fourth, the provisions in the contract concerning the warranty are indispensable, and it is necessary to distinguish the responsibilities: If it belongs to the quality of the construction or materials, the decoration company should take full responsibility; if it is improperly used by the user, the parties can negotiate and handle it.
The warranty period for general decoration companies for projects ranges from three months to one year. You want to choose the company that has a longer warranty period. In addition, the warranty period includes a heating season.
In addition, some projects that did not appear on the drawings, such as the transformation of the circuit, the dismantlement of lighting fixtures and sanitary ware, will also be reflected in the budget book. The budget is based on the specific dimensions on the drawings. At the end of the budget book, there will be items such as "mechanical wear and tear," "site management fees," "taxes," and "profits." These items actually belong to unreasonable charges. "Mechanical wear and tear" is inevitable in the decoration. "On-site management" is what the decoration company should do. These two costs have actually been incorporated into each project and should not be obtained from consumers.
At the same time, when signing the contract, it is also necessary to note that to verify the identity of the parties to the contract, it is necessary to clearly describe the construction content and contracting methods of the room decoration; the working price, the payment method, and the duration cannot be vague; on deposits and liability for breach of contract, it must be stated here. In accordance with the "Economic Contract Law" stipulates: "If the party that has paid the deposit fails to perform the contract, it has no right to return the deposit. If the party accepting the deposit fails to perform the contract, it shall return the deposit twice."
With regard to the handling of disputes, the contract should specify: disputes concerning the decoration of the family room, the construction contract can be submitted to the Consumers Association Interior Decoration Complaint Station for contract and construction receipts. If the parties fail to negotiate mediation or mediation fails, they can Application for arbitration to the Municipal Arbitration Commission may also be brought to the People's Court.
Uncertified contract is considered invalid
According to the Provisional Regulations (Trial) for the Beijing Family Home Decoration Project Contract and Construction Management promulgated by the Beijing Municipal Construction Commission in September 1999, the “Home Improvement Contract†signed with consumers since February 1, 2000, There must be a third-party certification. Contracts without third-party certification are deemed to be invalid contracts, and high economic penalties must be imposed upon detection.
However, due to the scattered locations of the decoration companies, the decoration company that opened alone has not yet achieved "contract certification." Because consumers lack the knowledge of home decoration and have no deep understanding of the contract, a few decoration companies use the contract to deceive consumers. For example, in some contracts, no detailed agreement is made on the specific types, quantities, and prices of decorative materials, or the specific process procedures are not explained. The decoration company has cut corners and fabricated materials to create a "convenient door." Some decoration companies still use the contract to favor one side and sign an "unequal treaty" with consumers.
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