How to deal with decoration disputes, how to deal with decoration disputes

Renovation disputes 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.

1. How to deal with decoration disputes.

First of all, you need to pay more attention when signing the contract, only the division of responsibilities can effectively avoid such a situation, too hasty to sign the contract is not a good thing, in order to ensure that the contract is correct and then sign to ensure that the entire decoration process can be carried out smoothly. Secondly, the general industry stipulates that the dispute resolution process is: complaint - acceptance by the mediation department - on-site verification by the quality inspection department according to the contract and drawings - mediation by the mediation department and the quality inspection department according to the verification results - maintenance or rework if the two parties reach an agreement, if there is no agreement or non-performance of the agreement, you can apply for arbitration or file a lawsuit with the court.

Finally, in the event of a dispute, both parties should negotiate calmly and assume their responsibilities, and the dispute can be resolved. If you can't negotiate on your own, you can usually solve it smoothly when the administrative department comes forward. However, if the negotiation fails to reach a dispute involving a large problem or a very serious impact on life, then the most formal, authoritative and effective way is to go to court.

Second, how to write the decoration contract.

The renovation contract should first state the basic information such as the names of both parties. Second, state that the agreement was entered into by mutual agreement and voluntarily. Then write out the general situation of the project, the agreement on the price and settlement of the project, the agreement on safety production and fire prevention, etc.

Finally, the liability for breach of contract is stated.

Both parties then sign and seal and the contract takes effect immediately.

3. What do we need to pay attention to when signing a decoration contract?

1) For a regular home improvement company, before signing the contract, the owner should first review whether the procedures of the decoration company are complete.

2) Decoration company is building the decoration site, check the construction process of the site and the quality of the workers, and should also focus on checking the management, sanitation and fire prevention of the construction site.

3) The design plan provided by the decoration company should have detailed design samples.

4) When signing the contract, the construction period and several acceptance procedures (including materials and concealed works) should be indicated in detail.

partial and overall acceptance, etc.), a detailed description of the production process, a detailed list of materials and dates provided by both parties, etc., and liquidated damages should also be agreed.

of payouts.

5) The acceptance method can be accepted by the first quality inspection station as agreed in the contract, so that you can not pay for the quality inspection station.

6) The project money delivered should be handed over to the company's finance by the owner in person, and ask for a special invoice for construction and installation, so as to prevent others from collecting the project money as much as possible.

vii) In addition, after the completion of the renovation works, the air quality.

It should meet the national standards, and if the test is unqualified, if it is the responsibility of the contractor, the contractor shall rework and bear the corresponding losses.

8) In the event of a change, the parties shall re-enter into the agreement.

Legal analysis: According to the relevant provisions of the Civil Code, in the event of a decoration dispute, the two parties can communicate. If the negotiation fails, it may be resolved by applying for arbitration or filing a lawsuit in the people's court.

During negotiation and mediation, the buyer and seller negotiate and resolve the dispute according to the relevant contract signed, and the purpose of settlement has been reached; Both parties voluntarily submit the dispute to the relevant arbitration authority and make an adjudication in accordance with local administrative rules. If the mediation fails, the lawsuit shall be filed with the people's court, and the party at fault shall bear the corresponding liability for compensation.

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

Article 466:Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning. If the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

Article 470: The content of the contract shall be agreed upon by the parties to Yinyuan, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts. Blade stupid.

Legal analysis: It can be handled according to the relevant provisions in the contract, if not, you can choose reasonable negotiation. When Yu Zaotan conducts negotiations, he should clarify his own demands, and if the two parties do not give in to each other, they can appeal to the relevant departments for mediation.

At this time, if the two parties do not reach an agreement or do not perform, they can also file arbitration or Iwahashi lawsuit to protect their own rights and interests.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 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 and facts, and there are reasons for the facts;

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.