Decoration contract also has traps

Case:

Ms. Chen’s new house will be renovated. After consulting some friends, she eventually signed a decoration contract with a decoration company. Ms. Chen was worried about what would happen in the renovation, so the two parties signed the contract in great detail. However, because Ms. Chen was the first time to decorate her house, she was not involved in this. She had such a provision in the decoration contract with the decoration company: the contract was signed, and after the project was started, if Party A (Ms. Chen) requested to reduce the contractual requirements of the project As part of the breach of contract, Party B (home improvement company) shall pay the penalty of 20% of the amount of the penalty, and shall also pay Party B's design fee (40 yuan/m2) in proportion to the amount of the reduction.

In the actual renovation, Ms. Chen felt that the design of the master bedroom closet and the study bookcase had been designed to be unreasonable. The decoration company was required to move the wardrobe from the south wall to the north wall, and the bookshelves moved from the east to the west. Originally a very simple change, but home improvement companies based on the above terms of the contract, to charge a nearly 1,000 yuan reduction fee.

In this regard, Ms. Chen feels very "squeaky" and finds complaints from the Consumers Association and Home Improvement Association. However, the relevant personnel told her that due to the contractual traps that the company elaborately created in the decoration contract prepared by the parties in advance, and consumers were inadvertently falling into it, it was difficult to solve this problem. Ms. Chen eventually had to think of herself as unlucky.

â–¡ Expert Analysis

Ms. Chen’s situation is a trap that the decoration company deliberately set in the terms of the contract. In order for the decoration company to allow the owners to carry out the construction according to the projects they listed, to avoid reducing the projects and to reduce the decoration costs, the above-mentioned clause - "If the contract is reduced, the project is considered as partial breach of contract," in order to collect the liquidated damages . Consumers should pay attention to similar terms when signing contracts.

In fact, there are many traps in the contract for irregularly decorated companies. Here are some examples:

Trap 1: Confusion concept

In the contract, the decoration company must indicate “qualification level”. Some decoration companies confuse the “design qualification” of the construction committee with the “qualification for construction” or use the qualification certificate of other companies to deceive consumers.

Trap II: Knowing what to "leak"

The Ministry of Construction has stipulated in the “Management Methods for Residential Interior Decoration Management” that a decoration company that enters a residential area to undertake home decoration must have a corresponding construction industry enterprise qualification certificate. However, some construction teams in the community are now affiliated with qualified companies. That is, the company is not responsible for construction quality and service of the construction team.

In the "employer and contractor" section of the contract, there is an "entrusted agent" column. Some decoration companies are affiliated with, contract companies, but deliberately omitted to write "agency agent" column, do not fill in the name of the legal representative of the agent and contact telephone number, in order to shirk responsibility after a problem. Once the quality problems occur during the renovation or during the warranty period, the consumer’s interests will not be guaranteed.

In addition, when some informal decoration companies provide fitting-out programs for consumers, they are just oral presentations. This can easily lead to problems and contradictions in the later construction process, and consumers have no evidence to follow. Usually decoration companies should provide a flat floor plan; two renderings (usually the main bedroom and living room); if there is a ceiling, it should also provide a top plan; a water circuit transformation plan; there are also woodworking production The construction drawings for the specific project should be provided, and the complex project should have a node diagram. The materials used in the construction drawings should be marked so that they correspond to the quotations.

Trap three: intentionally buried the pen

Some decoration companies make use of consumers' inexperience, and they have specially formulated some terms that are not specific or can be interpreted in various ways. For example, many decoration contracts have such a clause: If the original brand material is out of stock in the decoration, Party B (home improvement company) can temporarily replace the same material.

In fact, this "same material" can have many explanations: whether it is of the same quality, the same brand, or the same price, and the room for counterfeiting is very large.

See the article and sign the contract again

Regarding the renovation contract, according to the reporter’s understanding, Quanzhou City currently does not have a completely unified model, but the contract texts of various companies are similar. The first thing the decorator needs to do is verify the name, registered address, business license, qualification certificate, and other archival materials of the decoration company, and prevent some imposter companies and “guerrilla teams” from signing contracts with customers in the name of a regular company and deceiving consumers.

In addition, the project content and materials should also be clearly defined, which mainly include: the construction project, size, description of materials (including the model, grade, and brand of the material), specific construction processes and procedures, and the corresponding price.

Supply of materials by both parties

Currently in the Quanzhou area, many projects are carried out by the decoration company providing base materials and workers, and the owners providing some of the main materials. In this way, it is necessary to specify the types, specifications, quantities, supply time, and supply locations of the two parties in the contract.

Material acceptance shall be signed by both parties. The material acceptance form should clearly indicate the type, specification, grade and quantity of the material. In addition, the acceptance materials should be consistent with the materials provided by Party A and Party B in the contract.

Construction drawings

The construction drawings required for a renovation project include plans, perspectives, elevations, and construction drawings, and some also require computer renderings. Therefore, the owner must ask the decoration company to produce detailed drawings and materials on the construction drawings, and the design responsibilities should be clarified.

It is advisable to make clear in the increase or decrease of the project: If there are project adjustments in the construction process, be sure to sign the “Engineering Change Order”. Do not agree on the verbal agreement. Sign the change contract in time; sign the change contract in time. Through market verification to avoid future disputes.

Reward clause

During the renovation process, due to various causes of construction delays or project quality problems, it must be reflected in the contract, such as the liability of the defaulting party and disposal methods; warranty period and warranty coverage (generally free warranty period of one year, Life-long maintenance.) After the completion of the project and acceptance, the two parties shall sign the "Project Settlement Bill" and "Project Warranty Bill."

Payment time

In this regard, to what extent the project is carried out and how effective it is, when the amount of money for the project is increased or decreased is delivered, both sides should have clear provisions.

In the home improvement project, the change project is usually referred to as an increase or decrease item. It is only based on the original contract that a detailed description of the addition and subtraction of the construction project is carried out. Both sides of the contract jointly negotiate each addition and subtraction item and explain each item in detail. An increase or decrease of the project's practices and fees until the parties confirm that the co-signed acknowledgment is effective.

Tips for signing a home improvement contract

For consumers, it is not a common phenomenon to know when to sign a home improvement contract. Some consumers may be hurriedly signing contracts because of the restrictions on their check-in time. Some consumers have received unreasonable treatment due to the decoration of their relatives and friends, and they have not been able to write down their concerns when signing the contract.

Therefore, when signing a home improvement contract, it is necessary to grasp such a principle, that is, there is no doubt in the mind when signing a contract. There are a lot of things consumers need to understand before decorating a company to decorate a company: there are many aspects related to the quality of the project (related to many negative reports), and related to decorative materials (environmental issues have increasingly attracted the attention of consumers). , about design, about after-sales service, about complaints, about the decoration contract, and so on. When it comes to a particular company, there are some problems with strengths and weaknesses.

Regarding these issues, relevant experts suggest that if they are not sure, do not rush to sign contracts.

In addition to the above-mentioned problems, we must also remind the decorators that if the decoration company frequently changes the negotiators during the negotiations, it should understand what the reasons are. If it is because of the flow of people, the contract should be more cautious.

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