I entrusted Xinmuju Decoration to decorate the new house, but it was months overdue and the decoration was not completed. The decoration company urged the owner to pay the balance. In this regard, citizens Mr. Wang and Mr. Liu were very depressed. Video link: [Xiaoli Helps] The r

entrusted Xinmuju Decoration to decorate the new house. As a result, the decoration was not completed for several months overdue, and the decoration company urged the owner to pay the balance. In this regard, citizens Mr. Wang and Mr. Liu were very depressed.

video link: [Xiaoli Helps] The renovation of the house is overdue and the work is stopped if the full payment is not made. Owner: When can I move in?

Mr. Wang introduced that he bought a house in Fengxiang. In July last year, he signed a decoration construction contract with Xinmuju Decoration in the High-tech Zone of Baoji City. The contract stipulated that the general contract price of the decoration construction was 120,000 yuan.

"Originally, we planned to renovate it and move it before entering school this fall so that our children can study nearby." Mr. Wang said that the completion date stipulated in the contract will be November. Unexpectedly, the project was overdue for more than half a year and still could not be completed.

Mr. Wang said that now the two window covers and switch panels have not been installed, and the curtains and soft furnishings have not been installed. What makes Mr. Wang even more incomprehensible is that he contacted the other party many times, but the other party said that the project was overdue and only 1,500 yuan in liquidated damages would be paid.

Mr. Liu introduced that he signed a decoration contract with Xinmuju Decoration on July 16 last year, and construction started on November 4. The agreed delivery time was March 14, 2022, and the construction period was 130 days.

"After the construction period came, the other party asked me to pay the final payment, and said that if I didn't pay the final payment, I wouldn't decorate it. I had no choice but to settle all the payments, but now it's more than three months overdue and the house has not been installed yet." Mr. Liu said that the payment They have all paid for it. The dry and wet separation of the bathroom that was originally agreed upon has not yet been completed. Moreover, the living room ceiling and bathroom door have not been installed. The TV wall is half installed. In addition, the quality of the balcony wall cabinet is not good.

Mr. Wang and Mr. Liu said that they live in Fengxiang and have talked to this company four or five times. Every time, the staff said that the person in charge was not here. They now want to know when the construction period will end, but they keep having to No definite reply from the decoration company.

html On the morning of June 29, the reporter came to Xinmuju Decoration located on Gaoxin Titanium Valley Road. "I don't know the specifics. I have to wait for the person in charge of the engineering department to make it clear." A staff member of the company said that the client had been here before, and the company's people had already explained it clearly to the client.

"Our company calculated that the compensation for the delay is not more than one thousand yuan. We will deal with this issue as soon as possible." Manager Gong of the company's engineering department said that the curtains and switch panels were gifts. Mr. Wang had never come to choose the curtains before. As long as Once selected, you can start working on it. "The designer told him personally that he didn't choose it himself. I want to verify the window cover issue again. For the soft decoration issue, we will contact Mr. Wang himself and give him an accurate time."

's response to Mr. Liu Regarding the situation, Manager Gong said that he only received Mr. Liu’s final payment on June 15. Because Mr. Liu’s project payment was not paid in full, the company stopped working for a period of time. "When the payment was made, the company gave him the scheduled construction period, which will be completed around July 10."

In this regard, Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public interest lawyer, Zhao Liangshan believes: Is it because the owner delayed payment? If the final payment causes the decoration company to stop work, the key depends on the contract. If the contract stipulates that the owner postpones the final payment, the decoration company has the right to stop work, and the owner shall bear the responsibility for the delay in construction. On the contrary, if the contract stipulates that the decoration company shall not stop work regardless of whether the owner deferred payment, then the decoration company shall bear the responsibility for the delay in the construction period.

Zhao Liangshan emphasized that if the decoration company still delays the construction period after the owner pays the balance, then the responsibility for the delay will be borne by the decoration company. The decoration company should bear liquidated damages to the owner, but if the liquidated damages agreed in the contract between the two parties are too low , according to Article 585 of the " Civil Code ": "The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach of contract, and may also agree on a method for calculating the amount of compensation for losses arising from the breach of contract. . If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase it at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the people's court or the arbitration institution may increase it at the request of the parties. Reduce appropriately."The owner has the right to request the court or arbitration committee to adjust and increase the liquidated damages.

Zhao Liangshan suggested that the decoration company try to negotiate with the owner. If the negotiation fails, the owner can choose to report it to the local market supervision and administration bureau, and the local market supervision and administration bureau will mediate; Or directly appeal to the court, and the court will make a fair decision according to the law.

Huashang Daily reporter Li Lin and editor Yang Yuting