The model text of the contract is defective Renovation company delay period is not in a hurry

China Paint Network
News: decoration company because of their own fault delayed the duration, according to the normal understanding should be urgent construction to complete the acceptance, because the delay period not only to pay consumers for breach of contract, but also to increase labor costs. But that is not entirely the case. Recently, the reporter received a number of consumer complaints about the delay in the renovation company, the reporter found that the decoration company is often not in a hurry, but because consumers are anxious to stay, can not afford to compromise.
malicious delay has become a new problem for home-clothing consumer rights. Consumers may request termination of the contract and claim compensation from the decoration company in accordance with the law if the terms of the delay time limit are increased and the upper limit is increased.
Nearly 15 months of delay
In January 2015, Mr. Gong complained to reporters that he had signed a decoration contract with Chengdu Longfa Construction Decoration Co., Ltd. (hereinafter referred to as Chengdu Longfa) as early as August 6, 2013, with a duration of 80 days, until the date of the complaint, the project was not completed acceptance, delay of nearly 15 months. Because the new house is close to work, has been looking forward to staying, really can not afford to drag, Mr. Gong had to live in May 2014 ahead of schedule.
is unique. Mr. Gong also complained to reporters: "With Sichuan Minghao Construction Decoration Engineering Co., Ltd. signed a contract to decorate their own houses located in Chengdu Qingbaijiang District classic uptown district, the contract cost 69,000 yuan, the duration of 70 working days, decoration company on September 3, 2014 into the construction, until January 12, 2015 is still not completed, the house can not be used normally." Renovation company personnel either do not answer the phone, or the company's financial difficulties on the grounds of repeated delays. Mr
Wu recently complained that on August 21, 2013, he signed a decoration contract with Sichuan Yurjia Design and Decoration Engineering Co., Ltd. for a period of 60 days. The project has been delayed for 16 months and is still not finished. Mr. Wu was helpless.
, 26 February 2015
, a reporter interviewed Ms. Zhang, manager of Longfa Account Department in Chengdu. Ms. Zhang told reporters: "The project manager responsible for the renovation of Mr. Gong's home, Jiang, left his post privately without informing the company, resulting in delays in the duration of the project." Customer Mr. Yan is a contract with Chengdu Longfa, the company will certainly be responsible for the end. Mr
told reporters that through this renovation experience, he found that there is a big problem with the current home improvement model. Chengdu Longfa is actually a decoration intermediary, the home decoration project to get hands on, only do design and basic decoration. In the renovation process, suppose this place to do a cabinet, that place is suitable for a water table, the owner needs to negotiate with the project manager, directly pay the project manager. In other words, the basic decoration is the responsibility of the decoration company, the other incremental part is the project manager's personal business. The company to design and basic decoration money earned, and then no matter, the progress of the project, quality neglect management. Mr. Gong said.
reporter noted that by the Chengdu Construction Commission prepared by the "Chengcheng home decoration project construction contract" model text clearly stipulates: "This contract after the signing of the project may not be subcontracted." "But according to a grass-roots consumer association head told reporters that the home improvement industry is generally depressed, "twisted" consumers to increase decoration projects, layer subcontract phenomenon is more common, even "open secrets." Individual decoration company project manager for personal interests, and even take deception to get out of the project ahead of time, the quality of the project, delays and other contradictions and disputes left to the company and consumers.
terms of the contract to consumers
reporters found that decoration companies maliciously delayed the duration, the most passive is the consumer. First of all, consumers want to end the project early, in time can not afford; Secondly, dare not rush to terminate the contract, find another decoration company; Third, even if the project has basically ended, still can not stay, because according to the contract, before the project is not accepted before the acceptance of the check-in, as a consumer default. The 12th Treaty of the Model Text of the Construction Contract of Chengdu Home Decoration Project states: "If the project is not accepted or the final paragraph is not handed over, Party A uses the finished product of the project in advance or uses the finished product without authorization, the project shall be deemed qualified, and the resulting loss shall be borne by Party A, and shall be regarded as Party A's automatic waiver of the right to warranty and maintenance and Party B shall still have the right to recover the final payment." At the same time agreed: "Due to Party A or Party B reasons caused by the delay in the duration of each day by the responsible party to pay the total cost of the project 2 yuan of breach of contract."
Chengdu Consumer Association complaints department director Jing Hongjian told reporters that this agreement seems to be no problem, but in reality, sometimes the decoration company subcontracted the project to the contract team, and the contract team to obtain a security deposit, so the project was postponed after the decoration company is not in a hurry. Moreover, the house is a big deal, consumers often rush to stay after the decoration of the house, decoration companies because of various reasons, malicious indefinite delay in the duration of work, consumers can not afford, and finally can only give up to the decoration company to claim default money, stay in the house.
A ceiling should be set for the extension
Zhang Jianxin, a lawyer at Hengping Law Firm in Sichuan Province, believes that consumers who encounter malicious extensions from decoration companies may apply to the people's court for termination of the contract in accordance with Article 94 of the Contract Law. The clause provides that the parties may terminate the contract in one of the following cases, including: "If one of the parties delays the performance of the principal obligation and fails to perform within a reasonable period of time after being advised; The delay in the performance of the obligation or other breach of contract by one of the parties makes it unable to achieve the purpose of the contract.
believes that because the decoration company default caused the project to be delayed, consumers can not stay on time, often bear the rising cost of transportation, pay rental costs and other economic losses, can be to third parties such as the Association, the court, etc. to terminate the contract. But this will increase the cost of consumer rights protection, or even "not worth the loss." Therefore, he suggested that it would be better to add the corresponding provisions to the model text of the "Home Decoration Construction Contract" prepared by the relevant departments, to set a ceiling for the extension of the project, if this ceiling is exceeded, consumers have the right to terminate the contract, replace the decoration company, resulting in all losses caused by the decoration company responsible, while agreeing on the project settlement method and compensation method.