Beware of decoration contract traps. How should co

2022-07-22
  • Detail

Event review: Mr. Zhou signed a decoration contract with a decoration company in March this year, agreeing to start construction in June with a project payment of 100000 yuan. I never thought that before the house was decorated, the phone call of the decoration company came. Mr. Zhou told reporters: "when I signed the contract, I didn't notice that I paid the balance in advance, but now I don't think it's reasonable. And many of them said orally that the payment at that time was' installment payment according to the decoration progress', but I didn't expect that the contract actually said to pay the 'balance payment' after 2 months, but the decoration is not over yet."

lawyer said: Although the time of paying the final payment of the project in the decoration contract is settled according to the progress of the project, it does not agree on the time of payment according to the actual progress of the project, so it is extremely unreasonable for consumers. According to the provisions of the contract law, if both parties fail to negotiate, consumers can sue to the court for obvious unfairness and request to revoke or change this clause

in case of a huge amount of liquidated damages claimed by the company, consumers can ask to reduce it to a reasonable range

Event Review: at the beginning of this year, Miss Li bought a small family house and signed a contract with a decoration company under the introduction of a friend. Shortly after signing the contract, the decoration company settled in. After the completion of the TV wall, Miss Li found that the Mediterranean Style TV wall she expected did not appear at all, and asked the decoration company to make changes, but the decoration company said that it would need to charge an additional 1000 yuan refitting fee

Miss Li was very dissatisfied with this. After many unsuccessful negotiations, Miss Li decided to change the company to redecorate. Unexpectedly, the problem came, because only 20% of the contents of the contract signed between Miss Li and the decoration company were basically complete, and the vast majority of the terms were incomplete. In the contract, there is a clause that reads, "after the commencement of the project, if Party A (the owner) proposes to change or cancel the construction project, it will be deemed as partial breach of contract and will compensate for liquidated damages as agreed."

changing the company means breach of contract, which requires huge liquidated damages; Miss Li is in a dilemma because she cannot achieve the desired effect without changing

the lawyer said: both parties to the decoration contract have the right to agree on liquidated damages in the contract, that is, if the consumer changes the original decoration design agreement at will, the reasonable expected loss of interests of the construction unit should be compensated. However, if the liquidated damages are too much higher than this loss range, according to the provisions of the contract law, consumers have the right to ask for a reduction to a reasonable range

天津妇科医院

广州胎记疤痕医院

福州男科医院

Copyright © 2011 JIN SHI