According to Judge Chen of Dongguan First People's Court, not all contractors in the home improvement market are decoration companies with construction qualifications. There are two main groups in this industry: one is a qualified decoration company; The second is an unqualified construction team. Because most owners are not professionals and lack experience, hidden rules and traps in the field of decoration emerge in endlessly, which leads to confusion and disputes in this industry.

House decoration is a major event in our life. However, due to the fact that most owners are not professionals and lack of experience, and the hidden rules and traps in the field of decoration are endless, this industry is full of chaos and disputes.

The reporter learned from the court that during the decoration process, many decoration disputes were caused due to the lack of good faith, unclear agreement between the two parties and irregular operation. After such cases are brought to court, it is difficult for owners to effectively protect their rights because of the great contradiction between the two sides and the serious shortage of evidence. According to Judge Chen of Dongguan First People's Court, not all contractors in the home improvement market are decoration companies with construction qualifications. There are two main groups in this industry: one is a qualified decoration company; The second is an unqualified construction team. Now, through real cases, this paper introduces the problems that are easy to appear in the decoration of the above two groups and the corresponding preventive measures.

Case 1: Oral agreement cannot protect its own rights and interests.

On October 20 10,1year 10, the plaintiff, as the operator of a gourmet shop in Dongguan, verbally agreed on the decoration price with individual construction teams, and then the defendant asked four people to decorate the plaintiff's gourmet shop, so that when the 20 1 1 Spring Festival approached. After the Spring Festival, the defendant's personal construction team stopped decorating, and the plaintiff thought that the prepaid decoration money exceeded the amount of work that the defendant had already constructed, so he appealed to the court.

The judge said that oral agreement could not protect rights and interests.

This is a typical case of unqualified individual construction team verbally agreeing to the construction. In this case, there is no written agreement on decoration between the owner and the unqualified individual construction team. During the renovation, the completed part was not settled and no written materials were signed. This is a very hasty practice. In real life, many projects are introduced by acquaintances. After entering the proceedings, the parties often declare that they are friends and do not need to sign a contract.

However, after the dispute, oral agreement can not protect their rights and interests, nor help to find out the facts of the case. The owner must bear in mind that whether he is an acquaintance or not, after reaching a decoration agreement with individual construction teams, he must sign a written contract or other materials to fix the engineering quantity, unit price and calculation method of increase or decrease of the decoration project in writing, and keep the evidence.

The judge reminded the construction team that it is best to confirm in writing.

Judge Chen reminded that the following aspects should be paid attention to when entrusting an unqualified construction team to carry out renovation:

One is to sign a contract and make a clear quotation. How much is the unit price of the decoration project, how to calculate it, and which parts are given away must be fixed through the contract. In order to win the project before construction, some construction teams always promise some attractive conditions and donate the project. If there is no written consent, the owner may not get these donated projects during the decoration process and will pay a higher price.

The second is to confirm the completed part in writing. Especially for concealed works such as water, electricity and carpentry, after a project is completed, you should confirm the quantity and quality of the project in writing to avoid unnecessary disputes in the future. If the engineering quantity is not determined, it will need to be appraised after a dispute occurs, and it will also generate unnecessary expenses. Moreover, the appraisal of concealed works needs to destroy the completed project, causing unnecessary losses and delaying the use time of the house.

Third, after the dispute, don't rush to carry out secondary construction while maintaining the status quo. If the owner is in a hurry to move into the new house, he must wait until the dispute is resolved before carrying out the second construction, or after retaining enough evidence and going through notarization and other procedures.

The fourth is to pay according to the schedule. Don't make a one-time payment or overpay when a certain amount of work has not been completed, so as to avoid that after a dispute occurs, the construction team will not continue the construction and the owner will pay more for the decoration.

Case 2: Do not sign a confirmation letter if the decoration is not accepted.

The owner, Mr. Chen, signed a family bedroom decoration construction contract and a supplementary agreement to the construction contract with the decoration company, and the contract stipulated that the decoration company would decorate his new house. In addition, Mr. Chen also signed the details of the contract: the confirmation letter of the customer entrusting the company with the operation of the stored-value card, the supply contract of the internal purchased materials and the budget quotation. After the signing of the above contract, the plaintiff recharged the fund's stored-value card with more than 60,000 yuan. After that, the decoration company entered the site for construction but stopped halfway, which has not been completed yet.

However, Mr. Chen's signature is on the Acceptance Record of Concealed Hydropower Works and the Acceptance Record of Project Completion submitted by the decoration company. The contents are as follows: the hydraulic, electrician and mason involved in the project have been completed and accepted, and the quality of the above projects has been confirmed to be qualified. In the Acceptance Record of Concealed Works of Hydropower, Mr. Chen further confirmed that concealed works such as hydropower were qualified. However, Mr. Chen said that there were many false situations in the acceptance record of concealed hydropower projects, and the decoration company was fraudulent and sued the court.

The judge said that the signature of the owner is equivalent to confirming the construction status of the decoration company.

This case is one of the typical cases in renovation contract, that is, signing a contract with a qualified decoration company to carry out decoration on the basis of the contract. But in the process of decoration, the owner must pay attention to all the details. On the basis of the contract, he should also pay attention to the acceptance and signature of each link. Because the owner is not a professional, he does not understand many professional problems in the decoration. For example, in this case, the owner's signature on the Record of Project Completion Acceptance and the Record of Concealed Hydropower Project Acceptance is regarded as his confirmation of the defendant's construction status.

The judge reminded the owner to check the project before signing.

Judge Chen also reminded that when choosing a qualified decoration company for decoration, we should also pay attention to the following aspects:

When the owner signs to confirm the quantities and concealed works, it must be carefully checked. If he lacks professional knowledge, he can review these projects with the property company in the community. You must sign it after checking it clearly. In addition, when signing a contract, you should read the contents of the contract carefully to ensure your rights and interests; There is also an agreement on the quality guarantee. When the owner pays the project money to the decoration company, he must remember to keep the quality deposit and pay it one year later. This can ensure that when there is a problem with the quality of your house, you can find a decoration company to repair it.