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Decoration disputes are based on the signed contract, and there is no or not enough detail to find out the specific quality of the unqualified place to complain to the Industrial and Commercial Consumer Association, and the problem that cannot be solved can only be sued by the court.
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The handling methods for disputes arising from decoration are as follows: 1. Negotiate with the operator to settle them; 2. The consumer requests the consumer association for mediation; 3. Appeal to the relevant administrative departments; 4. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator; 5. File a lawsuit with the people's court. Renovation disputes are actually some disputes and disagreements between the decoration company or the renovation team and the owner, which occur when the two parties do not reach the same agreement.
The two parties shall settle privately in accordance with the principle of equality and mutual benefit, and if the settlement fails, it can be submitted to a third party for negotiation and settlement, and when the negotiation fails, it can be submitted to the designated institution for arbitration according to the content of the housing decoration contract, and if the arbitration is not resolved, a lawsuit can be filed in the people's court. Consumers can hire a professional lawyer and then submit a complaint to the court, which will be heard after the court files the case. Mediation under the auspices of the court, if the successful parties sign the mediation letter and fulfill their respective obligations under the supervision of the court, otherwise, the court entrusts the relevant departments to conduct a quality investigation and make a final judgment based on the investigation report.
In the event of a dispute, it is necessary to grasp the mentality. Many of the problems that are difficult to solve are also due to the fact that consumers demand excessively high compensation and make unreasonable or unrealistic demands.
Civil Procedure Law of the People's Republic of China Article 122: A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
What are the main types of decoration disputes?
The main decoration disputes are: 1. The decoration unit did not fully perform the decoration contract. This is mainly manifested in the fact that the decoration unit did not decorate according to the practices agreed in the contract, used decoration materials that were not stipulated in the contract, stopped work without reason during construction, and failed to complete the project within the agreed construction period; 2. The decoration unit is shoddy and the construction quality is poor.
Some decoration company construction personnel do not care, the process is not standardized, the construction quality is reasonable on the surface, but can not withstand the acceptance or time inspection, the decoration of the house, the quality is not ***; 3. The maintenance service after decoration is not perfect or does not fulfill the quality commitment. After decoration, it should be repaired in a timely manner according to the provisions of the contract, but some companies are left and right, and there is no warranty during the warranty period; 4. Noise in construction disturbs the people. It is inevitable that noise will be emitted during construction, which will affect the normal life of the surrounding people.
Therefore, the head of the household should make an appointment with the decoration company in advance to start and close the work, and do not violate the relevant regulations of environmental protection, otherwise it is very easy to cause disputes.
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The quality problem of wide and wide base of decoration project is one of the main reasons for the frequent disputes in the decoration engineering contract, and clarifying the legal quality standards of the building decoration project is the key to solving the project quality problem in the contract dispute of the building decoration project.
In practice, there are inconsistencies in judicial determinations in such cases, resulting in the frequent occurrence of different judgments in the same case in judicial practice. In case of decoration contract disputes, it is recommended to consult a more professional lawyer in this area, not a professional lawyer in this area, can only understand some legal principles, but there is no experience and prudence in this area, the principle is the same, but the experience and skills are not the same. Those who know how to deal with real estate disputes do not necessarily know how to deal with partnership disputes.
For example, our lawyer team of Tian Zhihui in Beijing and Xu Baotong in Shanghai are relatively professional in dealing with decoration contract disputes. There is a lot of information on this.
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1. Negotiate with the operator to solve the problem;
2. The consumer requests the consumer association for mediation;
3. Appeal to the relevant administrative departments;
4. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;
5. File a lawsuit with the People's Ridge Orange Civil Court.
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Disputes arising from renovation can be resolved through four methods: conciliation, negotiation, arbitration, and litigation. The two parties shall settle privately in accordance with the principle of equality and mutual benefit, and if the settlement fails, they may submit to a third party for negotiation; If the negotiation fails, it can be submitted to the designated institution for arbitration according to the content of the house decoration contract, and if the arbitration is not resolved, a lawsuit may be filed with the people's court. How to resolve low-rent housing decoration disputesLow-rent housing decoration disputes can be resolved through negotiation, or you can file a lawsuit with the people's court where the property is located.
After the low-rent object is assigned to the low-rent house, in principle, it shall not be renovated again; If it is really necessary to carry out decoration according to the needs of life, the consent of the low-rent housing ownership unit must be obtained. Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China (2017 Revision); The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts, and reasons;
(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Disputes arising from the decoration of the former cherry blossoms can be resolved through four methods: settlement, negotiation, arbitration, and litigation.
The two parties shall settle privately in accordance with the principle of equality and mutual benefit, and if they cannot reach a settlement, they may submit to a third party for negotiation; If the negotiation fails, it can be submitted to the designated institution for arbitration according to the content of the house decoration contract, and if the arbitration is not resolved, a lawsuit may be filed with the people's court.
Legal basis. Article 122 of the Civil Procedure Law of the People's Republic of China (2017 Revision) Initiating a lawsuit must meet the following requirements:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts, and reasons;
(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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