As the temperature gradually warms up, many families who have bought new homes have begun to consider how to decorate their new home. A good start is half of the success. Signing a detailed renovation contract allows you to avoid falling into the decoration trap. “How can we spend less money, but also take into consideration beauty and comfort?†Mr. Zhu of Shanghai has been considering this issue before renovating. However, after he finished the renovation, he found that it was important to consider how to save the renovation cost during the renovation process. However, signing a decoration contract is actually a problem that cannot be ignored. In the actual decoration process, Mr. Zhu discovered that there were many places that were inconsistent with the original plan. Inevitably he had to negotiate with the decoration company, but the result was that he was often speechless by the decoration company, because in the renovation contract, many decoration The condition of the company's oral verbal commitment was not written into the contract, which made Mr. Zhu suffer. According to industry insiders, there are individual decoration companies that take advantage of consumers' unfamiliarity with format contracts and set out some vague and general terms to avoid liability and harm consumer interests. This shows that it is very necessary to prevent the decoration contract trap. So, how can we avoid the pitfalls of the renovation contract? The following describes the actual case. The construction period needs to be finalized In the renovation contract, a detailed agreement on the construction period should be made so that the house can be collected on time. Case: Ling Jinsong of Guangzhou signed a decoration contract with a decoration company. This company was introduced by his friend. The other person was also very enthusiastic about him. He offered to reduce the design fee and other expenses for him. When he saw the other person was so attentive, he also heard the other person's persuasion when signing the renovation contract. No agreement was made on the construction period. However, during the renovation process, Mr. Ling discovered that the decoration company was always procrastinating. The renovation project that could be completed within 40 days had taken nearly three months. This caused Mr. Ling to spend more than one month's rent for no reason. He wanted to find out the liability of the decoration company for breach of contract, but the contract did not make any agreement on the construction period and he had no chance of winning. Comment: Xu Haibo, a lawyer of Shanghai Grand Hyatt Law Firm, stated that in the cases of decoration disputes he had come into contact with before, the disputes that could not be completed on time were not uncommon. In recent years, this situation has improved, as the decoration company has adopted standardized construction. Duration can be controlled within a certain period of time. However, he reminded consumers that they can't ignore this when signing a renovation contract. It is understood that the model texts of the decoration contracts for Beijing, Shanghai and Guangzhou all have relevant provisions for the construction period. For example, Article 8 of the latest version of Shanghai's model text is about the schedule, and the start and completion time can be Reflected. According to insiders, depending on the size of the house and the degree of renovation, the construction period is generally fixed. For example, a set of 100 square meters is a two-bedroom apartment, and the simple decoration takes only about 35 days. The corresponding responsibility should also be clearly defined. If it can not be completed on schedule, the decoration company should bear the liability for breach of contract. At present, Shanghai's practice is to charge a certain amount of liquidated damages, such as arrears for one day, charge 50 to 100 yuan. Payment method is determined in advance How to pay for the decoration, this must be agreed in advance. Case: Zhang Yu of Shanghai immediately renovated his new house after he got the key from the developer. In the signing of the renovation contract, the decoration company told him that the usual practice in Shanghai is to pay for the full amount of construction materials and 50% of the construction cost after the signing of the contract. After half the construction period, the construction fee will be paid 30% and the remaining 20%. After paying for the acceptance of the final payment, Mr. Zhang accepted this practice. However, what he did not expect was that after half of the project, a dispute occurred due to the disagreement between the two parties. The decoration company left it alone and left him with a pile of materials and a "half-launch" project. Comment: Wang Zhan, a lawyer of Shanghai Lianye Law Firm, stated that if consumers pay the decoration company with decoration money in advance, their control will be greatly weakened, which will lead them into a passive situation. It is understood that in some mainland cities, the decoration contract stipulates that once the decoration contract is signed, consumers should pay 100% of the construction materials and 50% of the construction cost. When the construction period is more than half of the progress, the consumer pays the construction fee for the second time. 40%. The remaining 10% of the balance shall be settled by Party A after acceptance of the project. Experts said that if this type of payment is followed, after half of the construction period has passed, consumers have already paid about 90% of the cost to the decoration company. If there is any problem in the later stages of the renovation, it will be very difficult to make money. Restricted the decoration company. Therefore, it is recommended that when signing a contract, the down payment should be reduced to 30%, while the rest should be paid according to the progress of the project. At present, Shanghai has adopted a payment method in accordance with the progress of the project, such as the first payment after the signing of the contract, when the concealed works such as water, electricity, pipelines and other hidden items to pay a part after the acceptance, the painter to pay part before entering the site, pay for part of the completion acceptance, each The specific payment amount can be negotiated. Increase or decrease items are not sloppy In the actual decoration process, it is easy to increase or decrease items. Therefore, when signing a contract, it is necessary to make detailed provisions on this. Case: During the renovation process, Wang Jun of Beijing found that the length of his own aisle was too long. Therefore, he and the decoration company agreed to build another cabinet on the aisle to make full use of space. However, after the cabinet was made, he discovered that although the material used was similar in appearance to the material provided by the decoration company, it was definitely not on a grade, but suffered from no evidence at hand, and he had to accept the high-quality cabinet. . Comment: Xu Haibo, a lawyer of Shanghai Grand Hyatt Law Firm, stated that during the renovation process, the increase and decrease projects are very common. Therefore, when signing a renovation contract, they must not be sloppy. Experts suggest that during the construction process, consumers must change the design, increase or decrease the project or change the materials and equipment. They must contact the decoration company in advance and sign the “Project Change Order†before they can carry out the construction, thus affecting the completion date. , It is agreed by both parties. However, it is not allowed to negotiate with the construction personnel or other managers to change the construction content and increase the construction projects. All increase and decrease items must be paid at the time of completion. So what should be the cost of these projects? If you wait until you have started work, then it may be that the decoration company has the final say. Therefore, if possible, it is best to make a photocopy of the first complete quotations of the decoration company so as not to change the price of the decoration company when signing a contract or increasing or decreasing a project. It is also necessary to pay attention to the fact that when the fees are finally settled, the increase and decrease fees that should be paid should be signed and approved by the consumer before the construction of the project. If it is not signed, it can be ignored. Experts reminded that as much as possible in accordance with their own signatures approved construction drawings, not to easily make changes, which can save money. Another benefit is that rework can be required if there is a mismatch between the detail size and the design drawings. Warranty clauses are indispensable Appliances can be guaranteed, and house decoration is no exception. Therefore, the warranty must be agreed in advance, and after the acceptance of the renovation project, the "Project Warranty" must be retained. Case: When Zheng Hejiang of Shanghai signed a decoration contract with the decoration company, when he agreed on the warranty content, the company told him that the project would be agreed upon after the completion of the project. Mr. Zheng believed it to be true. After the completion of the project, the decoration company has given a "Project Warranty", but there is no warranty period, and Mr. Cheng also thinks that the other party will be in accordance with the usual practice of one year warranty. After 9 months, when the floor of the bedroom is tilted up, the decoration company claims that it has passed the free warranty period, and it needs to pay the maintenance fee to start construction. There was no detailed agreement before this, and Mr. Zheng could not say anything. Comment: Wang Zhan lawyer of Shanghai Lianye Law Firm reminded that the repair of the house renovation project is indispensable, and in order to be able to play a better restraint role on the decoration company, the warranty period must be agreed in advance. As far as the current situation is concerned, after all, it is a small number of decoration companies that have achieved industrialization, and many companies still rely on manual on-site production. Therefore, it is inevitable that there will be various kinds of crushing quality problems. During the warranty period, the responsibility of the decoration company should be particularly important. For example, if there is a problem, the decoration company is responsible for the warranty of the contractor, whether it is only for the contractor, is not responsible for the material warranty, or there are other restrictions, which must be clearly stated in the contract. Experts reminded that we must obtain the "Project Warranty", because the practice is to implement the warranty warranty. At the same time, don’t forget to ask the decoration company for information such as the pipeline construction drawings. Tips: Reliance on the right to rely on the contract Counsel reminds that when signing a decoration contract, consumers can use the contract to prevent their own interests from being harmed. However, as a decoration company, they will also require consumers to abide by the agreement. In the renovation contract implemented in Shanghai, Beijing and other places, if one of the following circumstances occurs, such as the shutdown caused by the consumer's own reasons, the acceptance of the concealed project or the completed project as agreed, and the payment not in accordance with the contract, the decoration company Can claim compensation. Therefore, consumers must pay attention when signing a decoration contract. 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