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Legal analysis: If the decoration leaks, the decoration company shall be responsible for repairing and compensating.
Legal basis: Article 33 of the Administrative Measures for Residential Interior Decoration and Decoration The decorator shall be responsible for repairing and compensating for the blockage, water leakage, water and power outages, and damage to the adjacent residences caused by residential interior decoration activities; If it is the responsibility of the decoration enterprise, the decorator can recover from the decoration enterprise.
If the decorator dismantles and alters the heating and gas pipelines and facilities without authorization, and causes losses, the decorator shall be responsible for compensation.
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Legal analysis: Plumber decoration leakage can be held responsible. If the plumber and electrician decorate the water leakage, the other party can be required to restore the original state, and if it cannot be restored to the original state, it can be required to compensate for the loss, and the compensation for the loss shall be determined according to the actual loss caused.
If the other party refuses to compensate, it can take a photo to register the loss, find a professional appraisal agency to do the loss appraisal, and then file a civil lawsuit, and the specific dispute can be completely resolved in the specific lawsuit.
Legal basis: Article 296 of the Civil Code of the People's Republic of China Where the owner of immovable property uses immovable property for the purpose of using water, drainage, passage, laying pipelines, etc., it shall try to avoid causing damage to the owner of immovable property.
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1. The water leakage of the house installed by the decoration company is generally decided according to the specific situation
1) If the quality of the house decoration does not meet the standards and the house leaks, the losses caused by the house leakage should be borne by the decoration company;
2) If there is water leakage after the warranty period, the loss shall be borne by the owner.
2. Legal basis: Article 62 of the Construction Law of the People's Republic of China.
The construction project implements a quality warranty system.
The warranty scope of construction projects shall include foundation engineering, main structure engineering, roof waterproofing engineering and other civil engineering, as well as installation engineering of electrical pipelines, water supply and water pipelines, heating and cooling system engineering, etc.; The duration of the warranty shall be determined in accordance with the principle of ensuring the normal use of the building within a reasonable life span and safeguarding the legitimate rights and interests of users. The specific warranty scope and minimum warranty period are specified by ***.
2. What are the precautions for home improvement contracts?
The precautions for home improvement contracts are as follows:
1. Before choosing a formal home improvement company, the owner should first review whether the procedures of the decoration company are complete;
2. Visit the decoration site under construction of the decoration company, check the construction process of the construction site and the quality of the workers, and also focus on the management, health and fire prevention of the construction site;
3. There should be detailed design drawings for the design scheme provided by the decoration company. Budget**, the client should review it strictly and consult with relevant experts if possible. If you entrust a decoration company to select building materials, the decoration company will generally provide pre-selected material samples, which the customer should keep for future inspection.
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Legal analysis: According to the provisions of relevant national laws, if the construction unit bears the responsibility for the quality of the construction project, the construction project will have a certain warranty period, and the house decoration also has quality requirements. If the quality of the house decoration does not meet the standards and the house leaks, the losses caused by the house leakage should be borne by the decoration company, and if the water leakage exceeds the warranty period, the loss shall be borne by the owner.
It should be determined on a case-by-case basis.
Legal basis: Article 14 of the Measures for the Quality Warranty of Housing Construction Projects During the warranty period, if the personal or property damage to the owner, user or third party is caused by the quality defects of the housing construction project, the owner, user or third party may claim compensation from the construction unit. The construction unit shall recover from the party responsible for the quality defects of the housing construction project.
Article 15 If new personal or property damage is caused by the untimely warranty, the party responsible for the delay shall be liable for compensation.
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If the mistake of the decoration master causes water leakage, you can compensate the main limb of the decoration company.
If the staff of the employing unit causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. After the employer bears the responsibility for infringing on the right to fight, it may seek compensation from the employee who has intentionally or grossly negligently.
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In the process of renovating the house, what should I do if there is a water leak due to construction, and how should the responsibility be divided? Let's take a look.
There are three main reasons for water leakage in the house: first, there are quality problems in the house itself; second, the owner uses or decorates improperly; The third is water leakage caused by normal use and aging. Depending on the cause of the water leak, the relevant responsibilities are also different.
1. If there is a quality problem in the house itself, then according to the regulations promulgated by the Ministry of Construction, the warranty period for the leakage prevention of the roof waterproof project, the bathroom with waterproof requirements, the room and the external wall is 5 years. If the house is within the warranty period, the developer shall bear the responsibility of free maintenance. If the developer refuses to repair or delays the repair within a reasonable period of time, the owner can repair it by himself or entrust others to repair it, and the repair cost and other losses caused during the repair period shall be borne by the developer.
2. If the house seepage caused by the decoration or other improper behavior of the owner upstairs causes losses to the owner, according to the regulations, the damage to the property of others shall be restored to its original state or compensated at a discount. As the infringing party, in addition to stopping the infringement (such as redoing the waterproofing layer), the infringing party should also bear the liability for damages.
3. If the water leakage is caused by normal use and aging, that is, after the expiration of the warranty period, the water leakage caused by the normal use of the facilities in the house shall be repaired by the owner, and the owner shall bear the cost.
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