With the improvement of people's living standards, the pursuit of high-quality and personalized home environments has become a trend. Is the material 'shoddy'? Repeated delays in construction period? Will 'willful' demolition and modification be punished? During the renovation process, homeowners are often troubled by various "accidents". According to statistics, in the past five years, the People's Court of Changping District, Beijing has tried a total of 849 cases involving disputes over decoration and renovation contracts. In order to effectively prevent disputes and regulate transaction behavior, the hospital has sorted out some typical cases involving decoration and decoration contract disputes in recent years, in order to sound the "alarm bell" for home decoration consumers. The decoration did not sign a written contract, and the price agreement was unclear, causing controversy. In November 2021, after a third party intermediary introduced, Su and Xu reached an agreement that Xu would hand over their newly purchased residence to Su for overall decoration. The two parties did not sign a written contract. Later, Su issued a construction quotation based on the condition of the house and sent it to Xu via WeChat. The quotation stated that the construction scope includes basic engineering, water and electricity, etc., with a total price of 85000 yuan. According to the design drawings and construction requirements provided by Xu, Su demolished and built some walls of the house involved in the case. In January 2022, Su sent a second construction quotation to Xu through WeChat, which included a total of 133180 yuan for wall laying, electricians, carpenters, and plasterers. During the subsequent renovation period, Xu paid 80000 yuan to Su through bank transfers, cash payments, and other means. After the renovation was completed, Su made a self-made engineering quantity calculation table, which determined that the overall renovation cost of Xu's family was 215290 yuan. However, Xu refused to pay the final payment of 135290 yuan, and Su sued Xu to the court. During the trial of the case, the court entrusted an appraisal institution to conduct a judicial appraisal of the above-mentioned project cost based on the plaintiff's application. The appraisal institution's appraisal opinion on the project cost of the decoration involved in the case was 124735.72 yuan. Defendant Xu claimed that both parties are a fixed price contract and do not recognize the relevance of the appraisal opinion to the case. After the court heard the case, it was found that Su provided basic decoration services to Xu, and Xu recognized this. A decoration and decoration contract relationship was established between the two parties in accordance with the law. The focus of controversy in this case is whether the decoration and renovation contract between the two parties is a fixed price contract. Both parties agree on the construction quotation made by Su and sent to Xu in 2021. The calculation of the sub area in the quotation is approximate and not the actual measured area, making it difficult to consider as the final quotation plan. Moreover, the overall content does not reflect the fact that both parties are in a fixed pricing contract. According to the market price of the place where the contract is performed and the government price or the government guidance price, the third-party appraisal institution appraised the cost of the project involved and issued an appraisal opinion. It was determined that the cost of the housing project involved was 124735.72 yuan. Su claimed that the cost of the decoration project was 215290 yuan without basis. Although Xu raised an objection to the relevance of the appraisal opinion, he did not submit evidence to the contrary. Finally, The court found that the cost of the decoration project between both parties was more in line with the actual situation of this case based on the appraisal opinion, and accepted the appraisal conclusion. It was ruled that Xu paid the remaining amount of 44735.72 yuan to Su. The construction addition has not been clearly agreed upon, and the owner is not required to pay the corresponding price. In April 2021, a decoration company signed a construction contract with Hu
Edit：Ying Ying Responsible editor：Shen Chen
Source：rmfyb.chinacourt.org
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