When does the renovation contract come into effect? When is the renovation contract in force?

Updated on society 2024-03-23
8 answers
  1. Anonymous users2024-02-07

    First, the agreement between Party A and Party B to change the terms of the construction period, if the project has been tendered and the construction contract has been recorded, then whether Party A and Party B agree to change the construction period, it will not affect the settlement of the project payment. Second, Article 8 of the Interpretation of the Supreme People's Court on Issues Concerning the Use of Law in the Trial of Cases Involving Disputes over Construction Contracts stipulates that "if the contractor has any of the following circumstances, the employer's request to terminate the construction contract shall be supported:

    1) Clearly stating or by conduct that it does not perform the main obligations of the contract;

    2) The project is not completed within the time limit agreed in the contract, and the project is not completed within a reasonable period of time as urged by the employer;

    3) The quality of the completed construction project is not up to standard, and the repair is refused;

    4) Illegally subcontracting or illegally subcontracting the contracted construction project. These four items can be used as the basis for terminating the project contract, especially the fourth item, the vast majority of construction units have illegal subcontracting, and some construction units have illegal subcontracting. Article 78 of the Regulations on the Quality Management of Construction Projects stipulates that "the term "illegal subcontracting" in these Regulations refers to the following acts:

    1) The general contractor subcontracts the construction project to a unit that does not have the corresponding qualifications; (2) There is no agreement in the general contracting contract of the construction project, and without the approval of the construction unit, the contractor hands over part of the construction project contracted by it to other units for completion; (3) The general contractor subcontracts the construction of the main structure of the construction project to other units; (4) The subcontractor subcontracts the construction project contracted by it. Therefore, I suggest that Party A should investigate whether Party A has subcontracted labor services of the "contractor and contractor materials" type of project labor through various investigations, and whether it has contracted to an unqualified contractor (the best plan. Basically, there is a contractor for every project, and as long as Party A obtains a written subcontract from any contractor, the project contract between A and B can be terminated).

    If you negotiate with Party B for this reason, the goal of shortening the construction period can be achieved. If Party B requests to change the price of the project, Party A can temporarily agree to increase the cost of rushing the schedule (the terms of changing the substance) if it satisfies the "first", and the cost of rushing the schedule at the time of settlement can not be settled. For other matters, please consult me Criminal defense, engineering lawyer Liu Wenguang.

  2. Anonymous users2024-02-06

    Article 44 of the Contract Law stipulates that a contract established in accordance with law shall take effect from the time of its formation. However, the formation of a contract does not mean that the contract is valid, because only a contract that is formed in accordance with the law can take effect. Generally speaking, the requirements for the validity of a contract include:

    l) The parties to the contract have the corresponding capacity to conclude the contract when the contract is in effect.

    2) The intention of the parties is true when the contract comes into effect.

    3) When the contract comes into effect, the contract in force does not violate the law or the public interest.

    4) The content of the contract in force must be determined or possible.

    In addition, for a contract to take effect, according to the provisions of paragraph 2 of Article 44 of the Contract Law, a contract that is subject to approval and registration procedures as stipulated by laws and administrative regulations must go through the approval and registration formalities in accordance with the provisions before it can take effect; Otherwise, the contract will not take effect even if the above-mentioned general contract requirements are met. This provision mainly reflects the appropriate intervention of the State in the freedom of contract or the protection of bona fide third parties. For example, according to Articles 41 and 42 of the Guarantee Law, if a party mortgages a building such as urban real estate or a factory building of a township (town) or village enterprise, the mortgage contract will only take effect after the mortgage is registered by the department specified by the local people's ** at or above the county level.

  3. Anonymous users2024-02-05

    If there is evidence to prove the oral agreement between the two parties, it can be regarded as a modification of the original contract, and if the other party violates it, you have the right to terminate the contract on this ground. The key is to verbally agree whether the other party admits it or not, and whether you have witnesses to testify. Otherwise, I don't think the construction period can be shortened at will.

    In fact, the other party extended the construction period to ensure the quality of the construction, and it was not bad for 15 days.

  4. Anonymous users2024-02-04

    Verbal things still have no document, and the legal effect is great, so the decoration company will be upright, whether it is decoration or what to do, you must pay attention to it in the future.

  5. Anonymous users2024-02-03

    Then I promised to change it to 60 days. Because you're a bit responsible, too. Because why do you want to say 90 days when you sign a contract?

    It's signed now. It does have legal effect. In addition, they are still required to actively cooperate in the renovation process.

    Don't affect the decoration effect, it's still the most important thing. Isn't it?

  6. Anonymous users2024-02-02

    Before the renovation starts, the effective period of the contract is when the contract is formed, if there is a stipulation in the contract to take effect of the contract period or the conditions for the contract to take effect, the contract will come into force when the agreed period arrives or when the conditions are fulfilled. According to Article 502 of the Civil Code.

    Paragraphs 1 and 2 stipulate that a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

    If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Article 502 of the Civil Code provides that a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.

    If the delay in going through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

  7. Anonymous users2024-02-01

    Legal analysis: According to the current legal provisions, there is no explicit provision for the number of days for the contract to take effect, and the contract is invalid if it is not performed. From the perspective of the content of the contract, if the performance of the contract cannot be performed due to non-performance, and the purpose of the contract is violated, even if it is invalid, it is also regarded as a breach of contract by the party at fault.

    Legal basis: Article 793 of the Civil Code of the People's Republic of China If the construction project is invalid, but the construction project experience is qualified, the contractor may be compensated with reference to the agreed discount of the contract on the price of the project. If the construction contract of the construction project is invalid and the construction project experience is unqualified, it shall be handled in accordance with the following circumstances:

    1) If the experience of the repaired construction project is qualified, the employer may request the contractor to bear the repair costs; (2) If the experience of the repaired construction project is not qualified, the contractor shall not have the right to request compensation for the discounted price of the project with reference to the contract on the project price. If the employer is at fault for the losses caused by the unqualified construction project, it shall bear the corresponding responsibility.

  8. Anonymous users2024-01-31

    The minimum warranty period for residential interior decoration works is 2 years, and for water, electricity, and waterproof works, it is 5 years.

    According to the relevant regulations issued by the Ministry of Construction, under normal use conditions, the minimum warranty period for residential interior decoration projects is 2 years, and for water, electricity and waterproof projects is 5 years.

    The time limit of the renovation project shall be agreed upon by the parties when they sign the decoration contract, and shall be specified in the decoration contract.

    1. What is a decoration contract?

    A renovation contract is a contract signed for the renovation of a house. In accordance with the provisions of the Civil Code of the People's Republic of China and relevant laws and regulations, combined with the actual situation of the construction of the family room decoration project, and on the basis of equality, voluntariness and consensus, the two parties reached an agreement on the relevant matters of the employer's family room decoration project (hereinafter referred to as the project).

    Second, the trap before the decoration contract is signed.

    It should be noted that the decoration company should be required to indicate the specific engineering quantity of each project in detail as much as possible, especially in the project of water circuit transformation, especially to avoid the decoration company to use such a vague description according to the actual occurrence, because, the same realization of the hydropower transformation project you require, the engineering quantity of different companies may be different, so that the decoration company gives the specific engineering quantity. This makes it easier for you to compare in different companies, and you may find that for the same circuit renovation project, some companies have a project quantity of 80 meters, while others are 100 meters, because reasonable design allows you to achieve the same result with less amount of transformation.

    Therefore, not only should the decoration company be required to give a specific engineering quantity, but also should be agreed that the error value of the budget engineering quantity in the ** single should be within 10% of the final settlement engineering quantity, otherwise the price difference shall be borne by the decoration company (this agreement is in the contract of many professional hydropower transformation companies).

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