Whether the decoration contract is invalid if the completion time contract is not concluded

If the decoration contract does not stipulate the completion time, it is an imperfect contract, and the two parties can negotiate to sign a supplementary agreement or negotiate to terminate the contract.

According to Order No. 110 of the Ministry of Construction of the People's Republic of China "Administrative Measures for Residential Interior Decoration", the decorator and the decoration enterprise need to indicate the start and completion time when signing the contract. Details are as follows:

Article 24 The decorator and the decoration enterprise shall sign a written contract for residential interior decoration and decoration, clarifying the rights and obligations of both parties.

The residential interior decoration contract shall include the following main contents:

1) The name of the client and the person being entrusted, the name of the unit, the address of the residence, and the contact number**;

2) The number of rooms and construction area of residential interior decoration, decoration projects, methods, specifications, quality requirements and quality acceptance methods;

3) the start and completion time of the decoration project;

4) the content and duration of the warranty of the decoration project;

5) Decoration and decoration projects, pricing and payment methods, time;

6) the conditions for modification and termination of the contract;

7) Liability for breach of contract and ways to resolve disputes;

8) the effective time of the contract;

9) Other terms that the Parties deem necessary to be clarified.

Article 25 Disputes arising from residential interior decoration projects may be resolved through negotiation or mediation. If they are unwilling to negotiate or mediate, or if the negotiation or mediation fails, they may apply for arbitration or file a lawsuit in the people's court in accordance with law.

The contract is valid, as for the unplanned construction completion time, you can supplement the agreement, the contract is the true intention of both of you, does not violate the provisions of laws and regulations, and the two parties agree to be valid.

The failure to conclude a completion date is not one of the reasons for the invalidity of the contract. In addition, if performance has already begun, the contract will be deemed valid and should be performed. Where the main clause is lacking, it may be supplemented by signing a supplementary agreement or determined in accordance with other provisions of the law.

If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

Legal analysis: First of all, the two parties negotiate, and if the negotiation fails, they need to bear the corresponding legal responsibility according to the contract.

Legal basis: Civil Code of the People's Republic of China

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

If the renovation of the house is not completed according to the time specified in the contract, the decoration company shall bear the liability for breach of contract. After the decoration company signs the decoration contract with the owner, it shall complete the decoration work in accordance with the agreed time, and if the decoration company fails to complete it within the time limit, it shall bear the liability for breach of contract to the owner and complete the decoration work as soon as possible.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Article 585:The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the People's Trillion Court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform the debt after the defaulting party pays the liquidated damages.

Do the math how much it will cost you to renovate your home

If the decoration company fails to complete the project according to the contract date, it is a delay in the construction period, which can be implemented according to the breach clause in the decoration contract signed by both parties, but if the agreed default amount is lower than the actual loss, the owner may request an increase. On the contrary, if the agreed amount is higher than the actual loss, the decoration company may request a reduction. If the contract does not stipulate this.

Claims can be made at times the actual loss and the unfinished works can be renovated.

If the renovation company delays the construction period, the owner has two options, one is to let the renovation company continue the renovation and reformulate the grace period and liability for breach of contract. The second is to replace the new decoration company, but for this situation, in addition to signing a decoration contract with the new decoration company, it is also necessary to correct the current decoration status to prevent disputes in the future.

Legal basis: 1. Article 577 of China's Civil Law stipulates that when a party fails to perform its contractual obligations or does not conform to the performance of the contract, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

2. Article 583 of China's Civil Law stipulates that if one party fails to perform its contractual obligations, but after performing or remedy, it also needs to compensate for other losses. In addition, China's contract law stipulates that the parties can terminate the contract under the following circumstances: first, force majeure factors cannot achieve the purpose of the contract. Second, before the expiration of the performance period, one of the parties clearly indicates that it will not fail to perform the main debt.

Enter the area and get the decoration for free**].

Enter the area and get the decoration for free**].

Legal analysis: The contract is signed on the basis of voluntary negotiation between the two parties, and the main content such as the subject matter of the decoration is agreed, it is valid. Where the date agreement is unclear, the agreement may be negotiated and supplemented by guessing; If the negotiation is unbalanced, the other party may be required to perform at any time.

Legal basis: Civil Code of the People's Republic of China

Article 488: The content of the promise should be consistent with the content of the offer. If the offeree makes substantial changes to the content of the offer, it is a new offer. Changes in the subject matter, quantity, quality, price or remuneration, performance period, place and method of performance, liability for breach of contract and dispute resolution method are substantive changes to the content of the offer.

It shall be handled as a breach of contract, and a lawsuit shall be filed with the people's court in accordance with law. If the decoration company fails to complete the project within the time limit agreed in the contract, it shall bear the liability for breach of contract in accordance with the breach clause of the contract signed by both parties, and if there is an agreement, the owner may request an increase if the agreed liquidated damages are lower than the actual losses caused. If the agreed liquidated damages are excessively higher than the actual losses caused, the decoration company may request an appropriate reduction.

If the decoration company delays the performance of the agreement and fails to complete the project within the agreed time limit, it shall continue to complete the decoration project in accordance with the contract after paying the liquidated damages. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

What are the legal characteristics of contract termination:

1. The termination of the contract applies to the legally valid contract. The contract is terminated only after it takes effect, and the contract is not terminated without invalid contract or voidable contract.

2. The termination of the contract must meet the conditions prescribed by law. Once the contract comes into effect, it is legally binding, and the parties may not terminate the contract at will unless it is in accordance with the law. The conditions for the termination of a contract stipulated by Chinese law mainly include agreed termination and statutory termination.

3. The termination of the contract must be terminated. No matter which party has the right to terminate the contract, the party claiming to terminate the contract must express its intention to terminate the contract to the other party in order to achieve the legal consequences of the termination of the contract.

4. The termination of the contract makes the contractual relationship extinguished from the beginning or in the future, that is, the termination of the contract, either it is deemed that the contractual relationship has not occurred between the parties, or the remaining rights and obligations of the contract are no longer performed.

Legal basis: Civil Code of the People's Republic of China

Article 583: Where one party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Legal analysis: There are many details that need to be paid attention to when signing a decoration contract: 1. Construction period agreement:

Generally, a 2-bedroom room of 100 square meters, simple decoration, the construction period is about 35 days, the decoration company will generally agree to 45-50 days for insurance, if you are in a hurry to move in, you can discuss this clause with the designer when signing. 2.Understand the engineering and construction qualifications of the decoration company When negotiating with the decoration company, it is necessary to understand the engineering construction qualifications of the decoration company.

The decoration company must be qualified to carry out the construction of the decoration project, and also check the company's business license. In addition, whether the company has a formal office location and whether it can issue qualified bills need to be carefully examined. The level and qualifications of the interior designer are directly related to the level of design, so it is necessary to inquire about the designers of this company in detail.

If you are introduced by a friend, you can learn about the company through acquaintances. But sometimes friends and relatives are not "experts" in this area, and it is inevitable that they will be "misleading", so it is still necessary to do it yourself.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When a law or administrative regulation stipulates or the parties agree that a contract shall be concluded in a written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.