How to deal with disputes in decoration contract
Decoration disputes are generally between the decoration of the family and the decoration of the construction unit, the decoration of the family and the surrounding residents because of the decoration in violation of the decoration contract, the provisions of the occurrence, mainly in the following areas:
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1. The decoration unit did not completely fulfill the decoration contract.
The incomplete performance of the contract is mainly manifested in the following: the decoration unit did not go to the decoration according to the contractual stipulations, used the non-contractual decoration materials, stopped for no reason in the construction, and did not complete the work within the agreed construction period.
2. The decoration was rough and the construction quality was poor.
Some decoration company construction workers do not work hard, the process is not standardized. On the surface, it is plausible, but when it fails to pass the inspection or the test of time, there is still a problem with it. In particular, the "street guerrillas" have no guarantee of quality.
3, after the renovation of repair services are not perfect or do not fulfill the quality commitment.
After the renovation, it should be repaired in time according to the contract, but some companies are evasive. There is no warranty within the warranty period.
4. The noise in construction affects people.
Noise will inevitably occur during construction, but the owner must make an appointment with the decoration company in advance to start construction and time. Do not violate the relevant provisions of environmental protection, otherwise it is easy to cause disputes.
5, decoration materials or waste indiscriminately placed.
6. The decoration damaged the adjacent house.
7. The decoration damaged the main structure of the house and the load-bearing structure.
For the decoration disputes, relevant departments have formulated some regulations. Such as "The Consumer Protection Law of the People's Republic of China", "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution" and the Ministry of Construction [1997] No. 60 "Interim Provisions on the Handling of Construction Project Quality Complaints", Ministry of Construction [1997] No. 92 "Home Living Room" "Decoration and Decoration Management Trial Measures" and other regulations.
The "Building Decoration Management Regulations" pointed out that homeowners or house users should be responsible for repair or compensation for damage to adjacent houses due to decoration.
Article 15 of the "Trial Measures for the Management of Decoration in the Family Home" stipulates that disputes concerning the decoration and decoration of family homes may occur. The complaint may be filed with the local construction administrative department or its designated organization, or a civil lawsuit may be filed with the local people's court; According to the nine regulations, if the decoration of a family home due to the decoration of the family room caused the plugging of neighboring residential houses, leakage of water, blackouts, damage to the goods, etc., residents of the family room should be responsible for the repair and compensation, if it is a decoration construction. The responsibility of the unit is to find the decoration unit responsible for the repair and compensation.
At the same time, the industry has also formulated relevant regulations.
According to Article 43 of the "People's Rights Protection Law of the People's Republic of China," when consumers and managers have disputes over consumer rights, they can solve the following problems:
1. Consult with the operators to resolve;
2, consumers request consumer association mediation;
3. Appeal to the relevant administrative department;
4. According to the arbitration agreement reached with the operator, submit it to the arbitration agency for arbitration;
5. File a lawsuit with the People's Court.
However, it must be noted that under normal circumstances, if arbitration is referred to, no action may be brought before the court.
According to the "General Principles of Civil Law", "Economic Contract Law" and other involved laws, there are no more than a few disputes related to the settlement of decoration:
1. The parties negotiate on their own;
2. Competent administrative mediation;
3. Arbitration resolution;
4, litigation solution.
In addition, industry regulations provide many ways to resolve disputes. As some home furnishing market regulations stipulate, resolution of disputes follows the following process:
Complaints - accepted by the mediation department - the quality inspection department carries out on-site verification according to the contract and drawings - the mediation department and the quality inspection department conduct mediation according to the verification result - if the parties reach an agreement, repair or rework will be carried out; if no agreement is reached or the agreement is not fulfilled , apply for arbitration or sue to the court.
For consumers, before the renovation may wish to inform neighbors, say hello, so that everyone has a psychological preparation to reduce the probability of disputes.
In the event of a dispute, as long as the parties negotiate calmly and assume the responsibility for the responsibility, the dispute can be resolved. If they fail to negotiate themselves, they will generally be able to solve the problem as long as the administrative department comes forward. However, if the subject matter involved is large or other disputes that have a great impact on life are not negotiated, the most formal, most authoritative and effective method can only be a lawsuit. Of course, other residents’ disputes with the decoration of the family due to the construction of the home can also be resolved accordingly.
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