The composition of renovation contract
1, project body
(1) Name of construction site: This is the subject of contract execution.
(2) Names of Party A and Party B: This is the object of execution of this contract.
2. Project: including serial number, project name, specification, unit of measurement, quantity, unit price, valuation, total, remarks (mainly used to indicate some special technological practices), etc. Most of this part is written as an attachment in the process budget (quotation) table.
3. Construction period: including how many days of construction period, liquidated damages for delay, etc.
4. Payment method: provisions on payment method.
5. Engineering responsibilities: stipulate various quality and safety responsibilities in the process of engineering construction.
6. Signature of both parties: including the signature and date of the representatives of both parties; As a company, it should also have a company seal.
Usage and precautions of common words in contract
When signing the renovation contract, the contents and items that can be agreed must be specified in detail. Some people may find friends to decorate, because of emotional reasons, they did not sign a detailed contract in advance, which led to a lot of endless friction in the future, and finally even friends could not do it. Here are some words commonly used in contracts.
1. About the project. For example, the floor of the living room is paved with 600mm×600mm domestic Foshan XX brand wear-resistant bricks (samples should be indicated).
2. About the unit
(1) The unit of ceiling corner line, skirting line, waist line and door cover is "meter".
(2) Wood floor, latex paint, wallpaper, anti-theft net and other units. Both are "square meters".
(3) furniture, doors, counters and other units such as "items" and "inches". It is necessary to indicate the quotation unit and quotation of these projects, such as "600 yuan per square meter according to the square of the facade." Units should use legal units of measurement commonly used in China, and should not use English units. Items whose area can be calculated should not be represented by "items".
3, about quantity, there are two ways:
(1) After actual measurement, add loss to the contract and calibrate it. It will not be calculated separately in the future.
(2) according to the unit price, and then multiplied by the actual quantities. This is a way to calculate how much you have done.
Suggested method: confirm the quantity of the project before signing the contract, and then indicate it in the contract to prevent some profiteers from cheating money with the trick of "low budget and high settlement"
4. About remarks
Some processes and practices need to be marked. For example: "Wardrobe: red beech panel with white fireproof board, with 15mm core board as the main body."
5. About breach of contract
Whether the owner or the decoration company breaches the contract, they can be punished and compensated by economic means. The general liquidated damages are about one thousandth to three thousandths of the total project amount. But what needs to be reminded is that we should pay attention to the writing of this thousandth. Someone deliberately put the yuan word after a few thousandths. This is equivalent to the actual fine of several thousandths (or several) yuan, that is, a few cents, not even a penny.
6. About management expenses
The so-called management fees include all kinds of administrative charge collected by the community management office. Some management offices do not necessarily charge fees for certain projects; Some management offices charge fees, but they have to pay maintenance fees, elevator use fees, workers' management fees (/day), pass deposits, pass fees, temporary account fees, etc. The management office of arbitrary charges is the most headache for decoration companies, so more and more decoration companies require that these expenses be paid by the owners and no longer included in the project budget.
7. On taxation
Most cities collect taxes from the operating income of decoration companies. In the past two years, Shenzhen began to collect special decoration tax, which was collected through buildings or community management offices, rather than through corporate tax returns. These, it is necessary to clear the undertaker.
8. About signature and seal
Due to the chaotic operation of the decoration market a few days ago, some so-called decoration companies are actually affiliated or pretending to be decoration companies. Therefore, the author suggests that when the owner signs any legal documents, unless the other party is the legal representative of the formal decoration company, it is best to ask the other party to indicate the ID number of the signatory.
Renovation contract signing principle
Principle 1. Check whether the decoration company has a qualification certificate.
Principle two. Check whether the decoration company has a business license.
Principle 3. Check whether the decoration company uses the decoration project construction contract issued by Shanghai Industrial and Commercial Bureau.
Principle 4. Whether the design scheme of the decoration company is completed.
Principle 5. Check whether the company name is the same as that in the contract.
Principle 6. Check whether the contract is stamped with the special seal for the headquarters of the decoration company, instead of the branch seal or other seals.
Principle 7. Review the quotation to see if the decoration company implements the industry-guided price, otherwise don't sign it easily.
Principle 8. Review the completeness of the annex to the contract, and carefully read and review the supplementary agreement to the contract.
Principle 9. In some cases, in addition to signing contracts with decoration companies, there may be a market as a third-party certification.
Matters to be avoided when signing renovation contract.
1. Incomplete written document
The project budget approved by both parties and the complete set of design and construction drawings are effective parts of the contract. When some decoration companies signed the renovation contract with consumers, these written documents were not complete, which brought hidden dangers to future home improvement projects. Consumers should properly keep the above three documents and payment documents.
2. The subject of the contract is unclear.
The names and contact information of Party A and Party B should be filled in the contract first. Many companies only affix the seal of the company name, and must ask the decoration company to fill in the content and check it. In addition, we should also pay attention to whether the name of the decoration company that signed the contract is consistent with the name of the company that finally stamped the contract.
3. Unclear rights and obligations
In order to ensure the smooth progress of the project, the obligations of both parties are stipulated in the renovation contract. In the process of decoration, it is difficult to avoid accidental factors that affect the construction progress, such as the safety of the construction site and the physical condition of the construction personnel. It should be detailed one by one in the contract to make the responsibilities of both parties more clear.
4. The contract does not include the increased and decreased items.
During the construction process, if the original contract needs to be changed due to the increase or decrease of construction projects or other factors, the consumer and the decoration company must reach a consensus through consultation and sign a written change agreement, and the relevant construction period, project budget and drawings should be changed, which should be confirmed by both parties.
5. The concept of supervision is vague.
The contract stipulates that project supervision can be carried out. As a project supervisor, his identity is independent of the decoration company. If the home improvement company promises to provide free supervision for consumers, it shall stipulate the quality supervision effect of the decoration project in the contract.
Matters needing attention before signing renovation contract
1, renovation contract can't sign the contract in a hurry.
Renovation contract is the most important legal document in the decoration project. When all the design and engineering budgets are settled, signing the renovation contract is a procedure that must be performed before the renovation begins. Many consumers are impatient when they are faced with signing a contract, hoping to sign a contract with the decoration company as soon as possible and enter the construction stage as soon as possible. However, consumers are advised not to sign the contract in a hurry. All parties should have a good understanding and discuss the design and budget before signing the contract to prevent losses.
2. Be sure to check whether the formalities of the decoration company are complete.
Legitimate decoration companies need business licenses. Now many companies have opened branches, and such companies should also check whether the other party has a power of attorney. Remind never to talk about home improvement projects with people who only have copies of business licenses, because no one knows whether it is true or not.
Sign renovation contract's Seven Points for Attention
Note 1: Pay attention to the legality and standardization of the company.
When choosing a decoration company, you must confirm whether you have an industrial and commercial business license, a first-,second-and third-class decoration construction qualification certificate issued by the Ministry of Construction, or a Urumqi residential decoration qualification certificate issued by the Urumqi Building Decoration Association; If you choose a decoration company with legal procedures, you can complain to the relevant law enforcement departments when there is a decoration dispute, or you can find its person in charge or company to facilitate the owners' rights protection.
Note 2: Details of contract contents
Communicate with the decoration company in the early stage, and carefully review the design drawings and decoration budget expense table. See if the design satisfies you (don't destroy the structure of the house). Whether there are omissions in the quotation, and whether the material specifications and various quotations are clear and reasonable; In this way, you also know the quality of the materials used in your home. If you are not satisfied, you can change it, and at the same time, you will not let your decoration budget overrun. Of course, if it is necessary to add or subtract items during the construction, it is necessary to inform the owner in advance, issue relevant procedures, and pay relevant fees according to the contract.
Note 3: Define the liability for breach of contract and the content of compensation.
When signing the construction contract of family room decoration project formulated by the State Administration for Industry and Commerce with enterprises, it is necessary to clarify the responsibilities and construction period of both parties. If there are special requirements, it will be agreed separately; The party causing the delay shall be liable for compensation to the other party.
Prevention 4: Acceptance process.
Provide the materials needed for decoration according to the time agreed in the contract. The quantity, quality and specifications of materials shall meet the design requirements, and there shall be a quality inspection report from the manufacturer. When the materials are handed over, both the owner and the decoration company should sign for approval, so that there will be no problem of "stealing columns" when the owner finds out later.
Note 5: Issue a formal invoice
The owner shall pay the decoration expenses in installments on time according to the time agreed in the contract, and the expenses must be paid to the financial department of the decoration enterprise, and a receipt certificate shall be issued; Avoid economic disputes.
Note 6: Strictly conceal the project.
Earnestly carry out the acceptance of concealed works (hydropower line reconstruction, carpentry completion, suspended ceiling foundation). If quality problems are found, the construction party shall be required to rectify and sign after approval by the owner before entering the next working procedure.
Prevention 7: Standardization of payment methods
When the project is completed, the owner shall conduct a comprehensive project quality acceptance. If the project quality and construction period meet the requirements of the contract, the owner shall pay the balance as agreed in the contract, and the construction party shall deliver the key and issue the project warranty; Warranty period: 2 years for general projects and 5 years for waterproofing. During the warranty period, if there are problems under normal use, the construction unit will carry out maintenance for free; If used improperly, the construction unit only charges maintenance fees.
How to resolve disputes in renovation contract?
How should the owners solve the disputes in renovation contract when they encounter unscrupulous decoration companies? Are you going to bite your teeth and swallow them yourself? Or stand up bravely and try your best to safeguard your legitimate rights and interests. Most people should choose the latter, but do you know any solution to this situation?
1, laws and regulations to solve decoration disputes
In view of decoration disputes, the relevant departments have formulated some regulations. For example, the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, the Interim Provisions on Handling Quality Complaints of Construction Projects, and the Trial Measures for the Management of Family Room Decoration. Article 15 of the Trial Measures for the Management of Family Room Decoration stipulates that in the event of a family room decoration dispute, you can complain to the local construction administrative department or its designated institution, or you can bring a civil lawsuit to the local people's court.
2. Five methods to solve decoration disputes
According to Article 43 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests, disputes between consumers and business operators can be resolved through the following channels:
1) negotiate with the decoration company.
2) The owner requests the mediation of the Consumer Association.
3) appeal to the relevant administrative departments
4) According to the arbitration agreement reached with the decoration company, submit it to an arbitration institution for arbitration.
5) bring a lawsuit to the people's court, but it must be noted that under normal circumstances, if it is submitted for arbitration, it is impossible to bring a lawsuit to the court.
3, the process of solving decoration disputes
In addition, industry regulations also provide many ways to resolve disputes. For example, in some home improvement markets, disputes are resolved according to the following procedures: complaint-accepted by the mediation department-on-site inspection by the quality inspection department according to the contract and drawings-mediation by the mediation department and the quality inspection department according to the inspection results-maintenance or rework when both parties reach an agreement; If no agreement is reached or the agreement is not fulfilled, apply for arbitration or bring a lawsuit to the court.
4. The idea of solving decoration disputes: peaceful negotiation.
In the event of a dispute, as long as the two sides negotiate calmly and shoulder their respective responsibilities, the dispute can be resolved. If you can't negotiate by yourself, you can solve it smoothly as long as the administrative department comes forward. However, if the subject matter involved is large or other disputes that have a great impact on life cannot be resolved through consultation, then the most formal, authoritative and effective way can only be to go to court.