What about the decoration delay without compensati

2022-07-22
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They delayed the construction period of two months to six months. From last year to this year, Li Qi (a pseudonym) broke her heart for the decoration of her new home. The new home under decoration cannot be occupied for a long time, and the settlement still exceeds the budget by more than 20000 yuan. Li Qi opened the decoration contract and wanted to settle the claim according to the terms, but she found that the relevant terms could not be found. This contract only stipulates the responsibilities and obligations of Party A, but makes no mention of Party B's liability for breach of contract and compensation. Li Qi is confused. Can such a contract count? ◆ owners' complaints: the decoration contract became a dead letter. Last May, Li Qi found a home decoration company called Hunan Red Sun Decoration Design Engineering Co., Ltd. (hereinafter referred to as red sun decoration) to decorate. And signed a contract with them at a preferential price of 100000 yuan, which was officially mobilized for decoration in early August last year. But since the date of signing, this contract seems to be a dead letter. According to the contract, October 31st, 2014 is the completion date. However, the main project of Li Qi's family was not initially completed until January 31, 2015. Li Qi originally planned to move furniture before the new year and move in after the new year. But until this Monday, there were still twoorthree cabinet doors in her house that were not installed, and the skirting line was not completed. The reporter saw that the agreement on the delay of construction period in the contract is that the construction period will not be postponed because the home decoration company cannot complete the project on schedule. However, it was not mentioned how the company would compensate for the delay in the construction period. At the same time, during the construction process, Li Qi negotiated with the home decoration company to add and modify items such as window covers and door covers. But it was not until January that the red sun decoration company told Li Qi that these additions and changes needed to pay another 22083 yuan, exceeding the original budget of 100000 yuan. No one told me how much it would cost to add or modify these items before. I didn't see the price until I finished it. Li Qi said. ◆ lawyer's response: the compensation can be calculated according to the loss. In the face of doubt, Mr. Liang, the designer in charge of the home decoration project, responded that there was a problem in signing the contract at that time. The budget price was 110000 yuan. It seemed that it was an acquaintance relationship, so he signed it at 100000 yuan. Mr. Liang believes that, therefore, settlement can only be based on actual settlement, and both parties negotiate. Ye Xiangfeng, a lawyer from Hunan Yixing law firm, said that the contract signed by Li Qi was valid, but not rigorous. However, the law of our country stipulates that even if there is no compensation standard agreed in the contract, if one party breaches the contract and causes losses to the other party, it should be calculated and compensated according to the size of the losses. If the decoration period is delayed, the compensation can be calculated according to the rent loss of the owner. Ye Xiangfeng said. In addition, Shen Kaibao, President of Changsha building decoration industry association, believes that the owner and the home decoration company should negotiate and agree on the project change during the decoration process, and it is best to sign a written agreement. If consumers have doubts about the price of the added and modified projects, they can also consult the cost department. Shen Kaibao said. At present, after negotiation, the relevant person in charge of red sun decoration company has promised to reduce part of Li Qi's management fee as compensation, and complete the final correction of Li Qi's family. ◆ experts remind: the general compensation for construction delay is 50 yuan/day. Last year, Changsha housing and Urban Rural Development Commission and Changsha Administration for Industry and Commerce jointly supervised and produced the construction contract of Changsha residential decoration project (model text) as a reference for industry contracts. The model text of the contract requires both parties to clearly agree on the compensation standard for construction delay in the contract. It is understood that at present, the compensation standard of home decoration companies for project delay is 50 yuan/day. Previously, the municipal decoration association also issued an initiative to encourage enterprises to use the contract model text supervised by relevant government departments in housing decoration transactions. Such contract terms are reviewed by the competent government departments, which can ensure the fairness and fairness of both parties to the transaction. Shenkaibao also reminded consumers that in the future, consumers can ask decoration enterprises to sign this model contract to protect their rights and interests

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