Caution trap in signing decoration contract

2022-07-22
  • Detail

Signing the new version of home decoration contract depends on the details. Consumers should start from the four aspects of subject qualification, cost composition, material mobilization and project acceptance, and find out the details of these four aspects, which is beneficial to avoid some disputes that should not occur and nip in the bud

the employer must have the right to decorate

the new version of the contract clearly and carefully requires all personnel involved in the decoration process

1. Employer: legal ownership

on the basis of making it clear that the employer legally owns the house to be decorated, the employer is required to promise to have the right to decorate the house, otherwise all the consequences arising therefrom shall be borne by the employer. The employer here should generally be the property owner of the house. If it is a non property owner, it should obtain the written consent of the property owner before decorating the house. However, in real life, sometimes it is difficult for the employer to provide these rights certificates or certificates

for example, my brother abroad wants to entrust his brother at home to decorate the house under his name so that he can have a house to live in after returning home. When my brother finds the decoration company, he may not be able to provide the property right certificate and the notarial power of attorney entrusted by his brother to decorate. In this case, the decoration company will not give up the project for this reason. Therefore, the new version of the contract actually adds the employer's commitment “ Have the right to decorate ” Obligations

2. Contractor: enterprise qualification

the new contract stipulates that the contractor must be an enterprise approved and registered by the administrative department for Industry and commerce, and it is required to have the corresponding qualification for decoration. It is worth noting that in the instructions for use of the new version of the contract, the employer is reminded that the Contractor's business license for enterprise legal person and enterprise qualification certificate should be checked before signing the contract. When signing a contract with a branch (Division), in addition to checking its business license and enterprise qualification certificate, the contract shall be stamped with the special seal for contract of the parent company (entity with legal personality) of the branch (Division)

3. Construction representative: responsible for the performance of the contract and has no right to change the contract

as for the issue of construction representative, the new version of the contract stipulates that the contractor (Party B) should appoint personnel as the resident representative to be fully responsible for the performance of the contract, organize the construction as required, and complete the construction tasks with quality, quantity and on schedule. In case of changing personnel, Party B shall notify Party A in time. However, the authority of construction representatives is often controversial

the lawyer reminded that the construction representative is only limited to the construction link in the performance of the contract, that is, the construction representative performs the decoration construction task according to the contract. However, for other links in the performance of the contract, such as the payment of project funds, or contract changes, such as design changes, project additions and deletions, the construction representative should have no right to represent the decoration company. What the employer recognizes should be the official seal of the decoration company or the signature of the legal representative

4. Construction personnel have no right to represent the company: Anti “ Out of the cage &rdquo

according to the new version of the contract, Party A (the owner or the employer) shall be responsible for all consequences arising from the change of construction content and increase of construction items agreed by Party A (the owner or the employer) with the construction personnel or other management personnel without permission; If Party A causes losses to Party B (decoration company), Party A shall compensate. This is of great significance to the containment of employees “ Out of the cage ”, It will be more beneficial to protect the interests of decoration companies and consumers

block ” Low price fishing &rdquo

as we all know, the decoration market is highly competitive. In order to win business, some decoration companies do not hesitate to use ultra-low prices as a temptation. As long as they sign the list, they are not afraid that the owner will not pay the bill at that time. Therefore, “ Open low and walk high ” It has almost become an open secret of the decoration industry. The owner had no choice but to accept the settlement sheet, which was greatly different from the budget and even doubled. And the old version of the contract for this “ Low price fishing ” No corresponding provisions have been made. The provisions of the new contract mean that the decoration company “ Low price fishing ” Under the quotation method of “ Blocking order ”, The new version of the contract also pays great attention to details in the composition of decoration costs, which is mainly reflected in the following aspects:

1. The total price includes six parts, ① material costs ② labor costs ③ demolition costs ④ cleaning, handling, transportation costs ⑤ other costs ⑥ management fees ⑦ taxes (3.41%)

2. According to the different management service levels provided by the decoration enterprises, the management fee can fluctuate up and down, but generally does not exceed 10% of the total decoration price (excluding taxes)

3、“ Total price ” It refers to the amount confirmed by Party A and Party B on the design scheme and project quotation. Generally, the increase and decrease of completion settlement shall not exceed 5% of the budget price without project change

4. After the contract is signed and takes effect, if the construction content and materials are changed, the project payment of this part shall be calculated on the basis of the actual amount. In real life, it is almost impossible for a project without project changes. Therefore, the new version of the contract stipulates that the increase of the actual settlement price shall not exceed 5% of the budgeted quotation, and consumers must make supplementary agreements to produce the expected binding force. For example, it is agreed that the content of project changes shall be settled separately, and the settlement price of the project other than this shall not exceed 5% of the quotation

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