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

1.Negotiating with the decoration company is *time-saving and labor-saving*. If both sides can negotiate as much as possible, then each side should take a step back.

2.The owner requests mediation from the consumer association. A consumer association is a civil society organization that can mediate as a neutral third party to persuade both parties to reach mediation and negotiation.

3.Lodge a complaint with the relevant administrative department. 4.

Apply to an arbitration institution for arbitration according to the arbitration agreement reached with the renovation company. Arbitration has the effect of not hearing, but making a final decision, and the speed of resolution is faster. 5.

Filing a lawsuit with the people's court, however, it must be noted that, in general, if it is submitted to arbitration, it is not allowed to file a lawsuit in court. To sue in court, it is necessary to submit the pleadings and evidence of both parties. The advantage is that the authority of the court is credible, and the disadvantage is that it is time-consuming and laborious.

2. How to deal with contract disputes 1If there is an agreement in the contract, it shall be handled in accordance with the contract. * The parties to the relationship, if there is a clear agreement in the contract, should not make too many meaningless accusations about the content and subject matter of the dispute.

In the absence of fraud, in accordance with the spirit of the contract, if there is an agreement in the contract, it will be dealt with in accordance with the provisions of the contract. 2.Negotiate a settlement.

Proceeding from their respective interests and in line with the principle of mutual understanding and mutual accommodation, it is an easy solution for the two sides to resolve conflicts and disputes through consultations. As lessors and lessees, they don't have much energy and time to get involved in lengthy litigation. Even if one party gives in, it does not necessarily mean that the whole will suffer losses, let alone the costs of litigation.

3.Conciliation. When the lessor and the lessee are in trouble, there must be an intermediary to mediate.

It is appropriate to have someone familiar and trusted by both parties in the past, including judicial mediation, act as a moderator. In modern society, it is also reasonable for people, including housing* agents and the community, to participate in mediation as mediators. 4.

Arbitration. If the negotiation fails, is there a suitable mediator or is there a reluctance to go to the community or the judicial bureau for mediation? You can go through arbitration, and the arbitration department will act as the moderator of the mediation.

The difference is that the decision made in arbitration is more effective than the mediation statement and can be enforced by the court. 5.Indict.

In the event of a rental dispute, if the conflict is irreconcilable, it will usually go through litigation. This is also the solution that came later. The parties to the dispute are confronted in court, and the judge makes a fair judgment based on the facts and evidence.

After the judgment enters into force, it will have mandatory force. 6.Dispose of it properly.

Most* contract disputes are trivial. The two sides should negotiate an agreement as much as possible, without anger and unnecessary accusations. There are always a lot of good people, and a little more empathy and understanding will make the relationship between the two parties broader.

There are two ways to deal with decoration contract disputes, the first is to negotiate and coordinate between the two parties. If it cannot be resolved through negotiation and coordination, the second method of handling it will be adopted, that is, to sue the court for settlement.

Legal analysis: In the event of a dispute over a decoration contract, the parties may resolve the dispute through friendly negotiation, submission to an arbitration institution, appeal to the relevant administrative department, and litigation to the people's court.

Legal basis: According to article 3 of the Civil Procedure Law, the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relations.

Article 93 stipulates that the people's courts hearing civil cases shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation.

Article 2 of the Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.

The parties may file a civil lawsuit with the people's court in accordance with the law, and the court will mediate or make a corresponding judgment; An application for arbitration may be made to an arbitration institution in accordance with the arbitration agreement; You can also negotiate a solution on your own.

[Legal basis].Article 93 of the Civil Procedure Law of the People's Republic of China.

In hearing civil cases, the people's courts shall, on the basis of the principle of the parties' voluntariness and on the basis of clear facts, distinguish right from wrong and conduct mediation.

Article 99.

Where mediation fails to reach an agreement or the party repents before the mediation document is served, the people's court shall make a judgment in a timely manner.

Article 119.

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.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Article 4 of the Arbitration Law of the People's Republic of China.

Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

(1) Negotiate with the decoration company to solve; (2) the owner requests the consumer association to mediate; (3) Appeal to the relevant administrative department; (4) Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the decoration company; (5) Filing a lawsuit with the people's court, however, it must be noted that under normal circumstances, if an arbitration is filed, no lawsuit may be filed with the court. Article 465 of the Civil Code: Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 533 of the Civil Code: After the contract is concluded, if there is a major change in the basic conditions of the contract that the parties could not foresee at the time of conclusion of the contract and are not commercial risks, and it is obviously unfair to one of the parties to continue to perform the contract, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract. Article 565 of the Civil Code If the other party has an objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

Disputes arising from housing decoration contracts can be handled through four ways: 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.

[Legal basis].Article 2 of the Arbitration Law.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 122 of the Civil Procedure Law.

Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

To save the payment voucher, sign the total amount and find that the total amount does not match the reservation, and save the previous chat records, which is suspected of defrauding consumers. It is best to communicate to solve less losses, if you can't communicate and settle, you can file a lawsuit, I hope mine is helpful to you.

Legal analysis: The handling methods of decoration contract disputes are as follows:

1. The two parties shall negotiate and settle the matter; 2. Application for mediation; 3. Application for arbitration; 4. Filing a lawsuit.

Legal basis: Article 533 of the Civil Code of the People's Republic of China: After the contract is concluded, if the basic conditions of the contract have undergone major changes that are unforeseeable by the parties at the time of conclusion of the contract and are not commercial risks, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract.

The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.