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If the commercial house leaks, the buyer cannot find the construction unit for compensation, because the buyer signed a labor contract with the developer, and did not sign a labor contract with the construction unit.
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If the commercial house leaks, the buyer cannot directly find the construction unit for compensation, and can negotiate with the developer to solve the problem, and if the negotiation fails, he can directly sue the court for compensation.
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If the commercial house leaks, can the buyer directly ask the construction unit for compensation? This should be possible to find the developer, find the developer, and they will compensate you accordingly.
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If the commercial house is leaking, if you are still within the warranty period, you have to go to the developer to accompany the property, not to the construction unit to check the specifics, you have to look at what is written in your contract.
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First see if there is no warranty period, the national warranty period is 5 years from the date of completion of the house, if the warranty period has passed, the property developer will not care, if there is no warranty period, it is recommended to require the property to be repaired as soon as possible, but if the maintenance ** generally requires one-third of the owner to sign, it will generally be stuck.
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Legal Analysis: Negotiate compensation based on the cause of the damage. The party damaged by the water leakage should first ask the housing quality inspection department to make an appraisal report on the cause of the water leakage in the house and how to repair the leakage.
After identification, if it is the cause of the adjacent party, the adjacent party may be required to repair it immediately or in a timely manner on the basis of the report, and may request compensation from the adjacent party for the damage caused during the repair period. If the adjacent party does not cooperate, the injured party can take the dispute to court. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.
If the adjacent party does not comply with the court's judgment, the injured party can ask the construction team to repair it from the downstairs, and the expenses incurred can be claimed by the court for compensation from the owner of the upper floor. If the upstairs does not pay compensation, it can apply to the court for enforcement.
Legal basis: Civil Code of the People's Republic of China
Article 237:Where damage to immovable or movable property is caused, the rights holder may request repair, rework, replacement, or restoration to its original state in accordance with law.
Article 238:Where property rights are infringed upon, causing harm to the rights holder, the rights holder may request compensation for damages in accordance with law, and may also request that other civil liabilities be borne in accordance with law.
Article 239:The methods of protection of property rights provided for in this chapter may be applied separately or in combination according to the circumstances of the infringement of rights.
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1. If the construction party causes water leakage in the house during the decoration, the construction party should be found to repair and deal with it, and if the loss is caused, you can claim compensation for the loss.
In fact, after receiving the house, the water leakage found when decorating Changhuai may not necessarily be the developer's troubled problem, and in fact, there are also mistakes made by the decoration construction party during the decoration. Therefore, the owner should first determine who caused the cause at this time, and cannot blindly ask the developer for compensation, which is a more wrong approach.
2. If it is found that the water leakage of the house is not caused by man-made later, then you should find the developer to repair and deal with it. If the loss caused to the homeowner, you can claim compensation for the loss, but you should pay attention to the period of repair and maintenance.
Because the house is not forever damaged, so when you move in later, if you still find that there is a problem with the bend-resistant friend, you should pay attention to a certain amount of time, not all the time you can claim compensation. According to the general provisions, the statutory warranty period for the leakage prevention of the roof waterproofing project, toilet and external wall of the house is 5 years, while the minimum warranty period involving the leakage of the wall, kitchen and bathroom floor, basement and pipe is 1 year.
3. If there is a detailed agreement on the water leakage of the house in the purchase contract, it can be dealt with in accordance with the contract.
In fact, many people generally pay attention to the terms and conditions when signing a house purchase contract, especially the warranty period. At this time, the buyer can try to be as detailed as possible about the content of the contract, and if it cannot be detailed, try to use more general terms to distinguish responsibilities.
How to identify water leaks in the house.
1. If you want to identify the water leakage of the house, you need to go to the site for measurement, most of the water leakage caused by decoration is caused by changing the layout of the house, or drilling holes, and most of the water leakage in the building is caused by structural cracking or pipe damage caused by external forces.
2. If you want to distinguish the leakage situation, you can make an appointment with the decoration company and the property management office to check the site of your house, and try to see the location of the leakage point better, so as to confirm whether there is a hole or demolition around the leakage point during the decoration.
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Legal analysis: 1. Which department to find for water leakage in the house: the first step is to negotiate with the property and the developer to solve the second step, and the third step is to find the competent department (Construction Bureau, Quality Supervision Bureau, etc.) to complain and reflect, and file a civil lawsuit with the people's court.
2. The warranty period for house leakage is five years. The warranty period refers to the day when the owner gets the key when he enters the house, and the developer is found during the warranty period.
There are three main reasons for water leakage in the house: First, the quality problem of the house itself is that the owner uses or decorates it improperly, which is normal use, and the water leakage is caused by Lao Hu's friend.
3. According to the different causes of water leakage, the relevant responsibilities are also different.
Legal basis: Housing construction project quality warranty measures》 Article 7 of the roof waterproof project, waterproof requirements of the bathroom, room and external wall leakage, the warranty period is 5 years. If the house is within the warranty period, the developer shall bear the responsibility of free maintenance.
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Summary. Hello dear! We are happy to answer your questions, how to compensate for water ingress in private houses due to construction reasons; Hello!
According to the relevant laws and regulations, if the house is flooded due to construction reasons, the responsibility shall be borne by the construction party. The contractor shall take necessary measures to ensure that no damage will be caused to the surrounding buildings during the construction process, including preventing water ingress. According to Article 4 of the Tort Liability Law of the People's Republic of China, if the construction party causes damage to the property of others during the construction process, it shall bear tort liability.
Therefore, if your house is flooded due to construction, you can claim compensation from the construction party. I hope it will be helpful to you, if you don't understand something, you can explain it to the teacher!
Hello, dear and naïve! We are happy to answer your questions, how to compensate for water ingress in private houses due to construction reasons; Hello! According to the relevant laws and regulations, if the house is flooded due to construction reasons, the responsibility should be borne by the company.
The contractor shall take necessary measures to ensure that no damage will be caused to the surrounding buildings during the construction process, including preventing water ingress. According to Article 4 of the Tort Liability Law of the People's Republic of China, if the construction party causes damage to the property of others during the construction process, it shall bear tort liability. Therefore, if your house is prosperous and flooded due to construction reasons, you can claim compensation from the construction party.
I hope it will be helpful to you, if you don't understand something, you can explain it to the teacher!
Is there anything else you don't understand? You can tell me more about your situation and I will answer for you.
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Summary. Hello, dear <>
Compensation for water ingress in private houses due to construction reasons are:1The cost of repairing a private house, including flood repair, equipment repair, etc.
2.Property damage caused by water damage, such as damage to furniture, appliances, etc. 3.
Other direct economic losses caused by water ingress, such as rental costs, temporary living expenses, etc.
How to compensate for water ingress in private houses due to construction reasons.
Hello, dear <>
Due to construction reasons, the compensation for water ingress of private houses includes: 1The cost of repairing private houses, including the repair of aquarium digging and repair, equipment repair, and repair.
2.Property damage caused by water damage, such as damage to furniture, appliances, etc. 3.
Other direct economic losses caused by water ingress, such as rental costs, temporary living expenses, etc.
Hello, dear <>
According to the provisions of the General Provisions of the Civil Law, if the construction unit or the lead construction personnel cause damage to others during the construction process, they shall bear tort liability. Therefore, if the construction leads to the flooding of the house, the construction unit or construction personnel of Senyuan shall bear the corresponding legal responsibility.
Hello, dear <>
The claimant of compensation needs to provide relevant source evidence, such as the construction contract, construction records, and the list of repair costs, to prove the water ingress problems and related losses caused by the construction. If there is a compensation dispute, it can be resolved through negotiation, mediation or litigation.
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