Decoration default? Revoke the lawsuit to see who wins!
Last week, Ms. Fang signed a home improvement contract with Danone Decoration. However, she believes that the home improvement company has not implemented the contract in accordance with the contract and hopes to rescind the contract. In this regard, the home improvement company has put Ms. Fang to bear the responsibility for breach of contract. Who actually defaulted? Who should bear the liability for breach of contract?
Case playback
Who can't explain the default first?
Readers Ms. Fang has two houses that need renovation, one is a massage room located in Hongde Building in Yunnan Road, and one is to have a massage bed; the other is a home located in Tsingtao, Yincheng’s treasure ship. After some comparisons, Ms. Fang chose Danone decoration and signed a decoration contract with him.
In September last year, after the home improvement company completed the production of the massage bed, it began the construction of the Treasureship Tingtao. According to the contract, Ms. Fang paid 40% of the first-phase construction fee of 88,000 yuan, including the production cost of some massage beds.
The project of Treasureship Tingtao has just been carried out to cover the installation of hydropower concealment projects. Contradictions have arisen on both sides. Ms. Fang believes that the home improvement company has not completed construction according to the agreement between the parties and requested to suspend the contract. She told reporters: “The home improvement company hit the wall indiscriminately during construction. Originally, it was agreed that only one wall should be used. I also applied to the real estate bureau according to the relevant regulations. However, during the construction work, the decoration workers made two more holes in the bathroom wall. The bathroom's waterproof layer was destroyed, which made it impossible for me to continue to trust them. In addition, the massage beds they made are also far worse than we had originally agreed upon. Mr. Wu, the designer, can testify."
At the request of Ms. Fang, the home improvement company stopped the construction and agreed to suspend the contract. However, when clearing the renovation costs, the two parties could not reach an agreement. Mr. Meng, the person in charge of the home improvement company, did not recognize that the two holes in Ms. Fang’s bathroom were caused by construction workers. He said: “The designer has left our company. We did not make holes. Moreover, even if we make holes, there are rectification opportunities. Now that Ms. Fang insists on the termination of the contract, there should be other reasons.†Mr. Meng said that the company has agreed to suspend the contract, and provided Ms. Fang with a fee settlement plan. According to the plan, Ms. Fang needs to pay a total of around RMB 46,000. . However, Ms. Fang did not approve the liquidation plan, which made it impossible for the company to suspend the contract with her.
Lawyers
Can be determined after taking evidence
Facing this situation, Wang Hong, a lawyer from Jiangsu Shengdian Law Firm and Jiang Zhimin, a lawyer from Jiangsu Junyuan Law Firm, believes that they must first obtain evidence. Wang Hong believes that there are usually several ways to terminate the contract: cancellation of the agreement, dissolution of the agreement, and legal cancellation. Both of the first two methods of release do not apply to Ms. Fang’s case. Article 93 of the "Contract Law" makes relevant provisions for the statutory discharge. If Ms. Fang can prove that the construction of the home improvement company has jeopardized her personal safety, or fails to achieve the purpose of the contract, she may propose to suspend the contract. However, this forensic work is more complicated.
According to Jiang Zhimin’s lawyer, the dress company’s contract with Ms. Fang’s contract for the decoration of Ms. Fang’s company did not make a written agreement on the massage bed, but as long as she had an oral agreement with Ms. Fang on the style and materials of the massage bed, Ms. Fang provided a computer-like picture, then the home improvement company should make a massage bed in accordance with the verbal agreement and the computer-like picture, or else the other woman should bear the responsibility for breach of contract.
In addition, the contract for the decoration of Ms. Fang’s residence and Ms. Fang’s approval materials obtained by the home improvement company and Ms. Fang all contained an agreement that the home improvement company could not make holes on Ms. Fang’s toilet walls. Therefore, the home improvement company has infringed on the property of Ms. Fang’s two toilet walls in the toilet. The home improvement company should restore the wall to its original condition and compensate for the losses caused to Ms. Fang. However, as to whether Ms. Fang can propose to terminate the contract or request compensation, Jiang lawyer also believes that it can be concluded after the evidence has been obtained.
special reminder
Black and white is the safest
In response to Ms. Fang’s case, the expert reminded consumers that when signing a contract with a home improvement company, the agreement between the parties should be reflected in the contract as much as possible. When signing a contract, you should not rely on the verbal commitment of the decoration company. Instead, the verbal commitment of the decoration company should be stipulated in the contract. For some agreements that are difficult to express clearly in words, such as decoration effects, the relevant pictures can be written as contract attachments in the contract.
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