Signing the new home improvement contract is in the details. Consumers should proceed from the four aspects of subject qualifications, cost composition, materials approach, and project acceptance to clarify the details of these four aspects. This will prevent some disputes that should not have occurred. Suffering is not beneficial.
The contractor must "have the right to decorate"
The new contract made clear and detailed requirements for all personnel involved in the decoration process.
1, the contractor: legally owned
After clarifying that the party issuing the contract is “legally owning†the house to be renovated, the contractor is required to promise to have the right to decorate the house, otherwise all the consequences arising therefrom will be borne by the employer. The contractor here should generally be the owner of the house. If you are a non-proprietor, you should obtain written consent from the property owner before renovating the house. However, in real life, sometimes these rights certificates or certificates of the contracting parties are often difficult to provide.
For example, a foreign brother wants to entrust a domestic younger brother to decorate his own house so that he can live in a house after returning home. As a younger brother to find the decorating company, he may not be able to provide the title certificate and his brother's entrusted decoration of the letter of attorney. The decorating company encountered this situation. Under normal circumstances, this project will not be abandoned for this reason. Therefore, the new version of the contract actually increases the obligation of the Employer to undertake the “right to renovateâ€.
2. Contractor: Qualification of the company
The new contract states that the contractor must be an enterprise that has been approved by the administrative department of industry and commerce to register, and it is required to have the relevant qualifications for the decoration. It is noteworthy that the new version of the contract in the use of instructions, suggesting that the contractor, before the signing of the contract, the contractual party should be examined to see the "corporate legal person business license" and enterprise qualification certificate. In addition to signing contracts with branch companies (divisions), in addition to examining their “business licenses†and corporate qualification certificates, the contract should be affixed with the special seal of the superior company of the branch (sub-division) (which has a legal personality unit).
3. Construction Representative: Responsible for the performance of the contract without the right to change the contract
With regard to the issue of construction representatives, the new contract requires that the contractor (Party B) should appoint personnel as resident site representatives, be responsible for the performance of the contract, organize the construction according to the requirements, guarantee quality, quantity, and complete construction tasks on schedule. In case of replacement of personnel, Party B shall promptly notify Party A. However, the issue of the authority of the construction representative is often easily controversial.
The lawyers reminded that the construction representative was limited to the construction of the contract, that is, the construction representative performed the decoration construction task according to the contract. However, the construction representative should not have the right to represent the decoration company for other aspects of the performance of the contract, such as payment of construction funds, or changes to the contract, such as changes in design, increase or decrease of the project. The Employer shall determine that it is the official seal of the decoration company or the signature of the legal representative.
4. The construction personnel, etc. have no right to represent the company: prevent “lowering outâ€
The new version of the contract stipulates that Party A (the owner or the contractor) shall negotiate with the construction personnel or other management personnel to change the construction content and increase the consequences of the construction project. Party A shall be responsible for it; if it causes losses to Party B (the decoration company), Party A should be compensated. This will be even more beneficial to curb the "lowering of employees" and protect the interests of the decorating companies and consumers.
Block "low price fishing"
As we all know, the decoration market is fiercely competitive. In order to attract business, some interior design companies do not hesitate to use ultra-low prices as a temptation. As long as they sign a list, they are not afraid that the owners will not pay when they arrive. Therefore, "low-elevation and high-going" has almost become the open secret of the decoration industry. The landlords have to accept the fact that they have a bill that is even more than double the budget and even doubles. The old version of the contract did not provide for such "low-cost fishing." The new version of the contract means that the decoration company's "low-cost fishing" quotation has been banned. The new version of the contract also pays attention to the details of the decoration costs, which is mainly reflected in the following aspects:
1, the total price includes six parts, 1 material costs 2 labor costs 3 removal costs 4 cleaning, handling, transportation costs 5 other costs 6 management fees 7 taxes (3.41%).
2. According to the different levels of management and service provided by the decoration and decoration companies, the management fees may vary, but generally it does not exceed 10% of the total price of the decoration (excluding taxes).
3. The “total price†is the amount after both parties A and B confirm the design proposal and project quotation. Under normal circumstances, the increase and decrease of completion settlement will not exceed 5% of the budget price if there is no project change.
4. After the signing of the contract takes effect, if the construction content and materials are changed, the project money for this part shall be calculated on a real basis. In real life, there is almost no possibility that the project will not be changed. Therefore, the new version of the contract does not allow the actual settlement price to increase by more than 5% of the budget quotation. Consumers must also make additional stipulations in order to produce the expected binding force. For example, it is agreed that the contents of the project change shall be separately settled, and the settlement price of other items may not exceed 5% of the quotation.
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