Can I refuse to pay for the project if there is a problem with the quality of the house?
Xiao Zhang wanted to rebuild the house, so he found Xiao Li, the contractor, and the two sides signed a house construction contract.
Xiao Li started construction with a group of workers. After the construction, Xiao Li left the construction site.
Because the project payment was not settled, Xiao Li sued Xiao Zhang to the court and demanded to pay the project payment of more than 60,000 yuan.
Xiao Zhang argued that the project payment was not settled because there were quality problems in the house built by Xiao Li and there were big cracks in the wall. Therefore, Xiao Zhang filed a counterclaim and asked Xiao Li to compensate him for the loss of more than 30,000 yuan.
The court held that the housing construction contract signed by Xiao Zhang and Xiao Li did not violate the mandatory provisions of laws and administrative regulations and should be valid. Xiao Li organized personnel to build a house for Xiao Zhang according to the contract. After the construction is completed, Xiao Zhang should pay the project money to Xiao Li according to the contract.
Xiao Zhang complained that the house built by Xiao Li had quality problems, but did not apply for appraisal. The court determined its losses according to the trial situation.
To sum up, the court ruled that Xiao Zhang paid Xiao Li more than 60,000 yuan for the project, and Xiao Li compensated Xiao Zhang for the loss of 1 10,000 yuan.
The judge's statement
Article 60 of People's Republic of China (PRC) Contract Law stipulates that the parties shall fully perform their obligations as agreed. Article 64 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties have the responsibility to provide evidence for their claims.
In this case, the housing construction contract signed by both parties is valid, and both parties should fully perform the contract.
In other words, Xiao Li built a house for Xiao Zhang, and Xiao Zhang paid the project payment according to the contract.
However, Xiao Zhang argued that there was something wrong with the quality of the house, which was not appraised in the lawsuit and failed to submit sufficient evidence to prove its loss. However, there are cracks in the wall, which is objective. Xiao Li also admitted that only the two sides failed to reach an agreement on the amount, so the court determined Xiao Zhang's loss according to the actual situation.
Judge's prompt
The construction contract signed by the owner and the constructor shall be performed by both parties in accordance with the contract. The owner shall pay the project payment to the construction party as agreed in the contract, and will not be exempted from the payment obligation because of the quality of the house.
In rural housing construction contract dispute cases, it is easy to cause disputes due to engineering quality problems.
Generally speaking, there are two kinds of quality problems in trial practice, namely, minor defects that affect the appearance of arts and crafts and general problems that affect the standard of residential use. The court may order the construction party to repair within a time limit according to its severity, or consider the repair cost in combination with the general market price. Major issues that affect the living safety and quality standards should be identified in combination with professional housing quality appraisal.
In judicial practice, the cost of housing quality appraisal is high, which often exceeds the unpaid project amount advocated by the builder, and the appraisal procedure often ends here. So the homeowner can't prove his actual loss. In the case of difficulty in proof, the homeowner himself has to bear the responsibility of not providing proof in place.
02
There is no evidence for the construction party to claim to increase the project, and it is difficult for the court to support it.
Wang Dong and Li Si signed a building contract agreement, and Li Si agreed to build a house for Wang Dong.
Li Si organized personnel to enter the site for construction as required. After the construction was completed, Li Si left the construction site without waiting for the acceptance.
After the two sides failed to reach an agreement on the payment of the project funds, Li Si appealed to the court to ask Wang Dong to pay the project funds of more than 65,438+10,000 yuan.
Wang Dong argued that part of the project payment advocated by Li Si was outside the scope of the agreement. Li Si did not do it, but found someone else to do it afterwards.
The court held that the signing of the project contracting agreement between Wang Dong and Li Si was the true intention of both parties, which did not violate the mandatory provisions of laws and regulations and should be valid.
Li Si completed the construction as agreed, and Wang Dong should pay the corresponding project funds.
Regarding the addition, the two parties have not reached a written agreement on the addition, and it is difficult for both parties to reach an agreement on the addition in the lawsuit. Dong Wang refused to recognize the additional part advocated by Li Si, but Dong Wang failed to submit sufficient evidence to prove the part advocated by others to be built separately.
Considering the factors such as Li Si's withdrawal without construction acceptance and Wang Dong's failure to keep evidence as the owner of the house, the court only supported 50% of the project price of the additional part of Li Si.
The judge's statement
Article 61 of the Contract Law of People's Republic of China (PRC) stipulates that after the contract comes into effect, the parties have no or unclear agreement on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
Article 109 stipulates that if one party fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.
In this case, Wang Dong and Li Si should reach an agreement on the construction of additional buildings and conclude a contract before the construction.
However, Wang Dong and Li Si did not clearly agree on the construction of the additional building, and the two sides failed to reach an agreement afterwards. The court can only determine it according to the evidence submitted by both parties and the situation of the case.
Judge's prompt
In the process of building houses in rural areas, the two parties sign a construction contract, and there may be construction contents outside the contract during the construction process, which is called "addition".
Based on good trust, the construction party and the owner failed to form a written agreement on the additional part, which also laid the groundwork for future disputes.
In this regard, the builder and the owner are reminded that both parties should make a clear written agreement on the construction content, price and quality of the additional projects generated in the construction process, otherwise it will be difficult to get legal support if there is no evidence in future disputes.
03
What if the homeowner is blocked by a neighbor when rebuilding the fence?
A and B are neighbors.
A's house is in the east and B's house is in the west.
A wanted to rebuild the fence in the house, but was blocked by B during the construction.
A then sued B to the court, asking the court to decide that B should not prevent A from rebuilding the fence in his home.
B argues that A's transformation of the fence is not only within the scope of its homestead, but also part of the fence occupies public roads and affects traffic.
The court held that Party A's renovation of the fence in its house was in compliance with the law, and Party B could not obstruct it, but there was no evidence to prove that Party A had the right to use the homestead on the road, so its request to rebuild the fence beyond the scope of the homestead was not supported.
In the end, the court ruled that B should not prevent A from rebuilding the fence in his homestead.
The judge's statement
Article 35 of People's Republic of China (PRC) Property Law stipulates that if the property right is infringed or may be infringed, the obligee may request to remove the obstruction or danger.
Article 84 stipulates that the neighboring owners of real estate shall correctly handle the neighboring relations in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.
It is legal for Party A to transform the fence within its homestead, and no other person may prevent or hinder the obligee from exercising property rights.
However, Party A's transformation of the fence on the road has gone beyond the scope of the homestead, and it is illegal for Party A to transform the fence on the road, so the court does not support Party A's transformation of the fence on the road.
Judge's prompt
In order to avoid disputes, villagers should pay attention to the following three points when exercising real estate rights such as building houses and rebuilding fences:
First, the exercise of rights should be within the scope of the right to use the homestead and should not exceed four areas;
Second, when exercising rights, it shall not cause damage to other real estate rights holders, and shall not interfere with the rights of others, and at the same time, it shall facilitate the drainage and passage of adjacent rights holders;
Third, try to communicate and negotiate with neighbors in advance before building a house to avoid conflicts.
04
Who is liable for compensation when the builder is injured?
On 20 18, Zhang undertook Zhao's construction project, and Yang was a worker employed by Zhang.
In the process of building construction, Yang was injured without any protective equipment and construction safety protection measures.
Yang spent more than 30,000 yuan in medical expenses to treat the injury.
Because Yang and Zhang failed to reach a compensation agreement, Yang appealed to the court to ask Zhang to compensate for medical expenses, nutrition expenses, hospital food subsidies, lost time and nursing expenses totaling more than 80,000 yuan.
Zhang argued that he was also responsible for Yang's injury and should not let me pay for it.
Our court held through trial that Zhang hired Yang to work for him, and Yang was injured in labor activities.
As an employer, Zhang did not equip Yang with any protective equipment during the construction and did not take any safety protection measures at the construction site. As an employer, Zhang was at fault for failing to fulfill the safety protection obligations of the construction personnel and should bear the main liability for compensation.
However, Yang did not pay attention to his own safety in the construction work, and there was a certain fault. He should also be responsible for some losses.
In the end, the court ruled that Zhao compensated Yang for various losses of more than 50,000 yuan.
The judge's statement
Article 35 of the Tort Liability Law of People's Republic of China (PRC) stipulates that if a labor relationship is formed between individuals and the party providing labor services causes damage to others, the party receiving labor services shall bear the tort liability. If the party providing labor services suffers personal injury, it shall bear corresponding responsibilities according to the respective faults of both parties.
This case belongs to the situation that the party providing the labor service suffers damage due to the labor service itself. Because Zhang did not equip Yang with protective equipment and did not take safety protection measures at the construction site, Zhang was at fault for Yang's damage.
However, Yang did not fulfill his duty of safety care in the construction process, and there were also some mistakes.
In the end, the court found that Zhang was mainly responsible for Yang's loss, and Yang took full responsibility.
Judge's prompt
In the process of building construction, the contractor has certain safety obligations to the construction party, and should take necessary protective measures to the construction site and equip the special type of work with necessary protective articles. Those who fail to fulfill their corresponding obligations shall be deemed to be at fault and shall be liable for damages.
The contractor can apply to the insurance company for accidental commercial insurance for the construction party, share risks and reduce property losses.