Home decoration contract is a very important legal document for home decoration . When all design and project budgets are negotiated, signing a decoration contract is a formal process that must be performed before the renovation starts. At present, the construction committees or construction bureaus of cities with more mature decoration management have established standard contracts. Here we come to understand the sample of home decoration contract , and hope to give reference to friends who have decoration requirements.
Sample home improvement contract
The Employer: _____ (hereinafter referred to as "Party A") and the Contractor: _____ (hereinafter referred to as "Party B") shall maintain the rights and interests of both parties and shall enter into this Contract in accordance with the existing laws, regulations and rules, and in conjunction with the specific circumstances of the Project. And follow the implementation.
Chapter I Contract Background
The first construction site is located in the _____ city _____ district _____ Road _____ Lane _____ No. _____ room, (hereinafter referred to as "the house"). The building was qualified for completion and has been delivered for use.
Article 2 Party A entrusts Party B with construction so that the house is safe, sanitary, beautiful, suitable for living, and convenient for life.
Chapter II Qualification of Construction Unit
Article 3 Party B is an enterprise legal person that has been approved by the administration of industry and commerce to register. Through the latest annual inspection of the enterprise, it has the qualification for engaging in civil decoration and fitting-out projects that are approved by the construction administrative authority, and the qualification level is in line with the requirements of this construction. If Party B does not have the qualifications for operation or the corresponding qualifications, Party A has the right to terminate the contract. Party B shall immediately return the fees Party A has paid and compensate Party B for losses.
Article 4 Before this contract is signed, Party B shall present to Party A the original copy of Business License and Qualification Certificate.
Chapter III Construction Content
Article 5 The house belongs to the _____ structure, the room type is _____ room _____ Hall _____ kitchen _____ Guardian, the total building area is _____ square meters; the construction is one of the _____ rooms _ ____ Hall _____ kitchen _____ Wei, construction area is _____ square meters. For details, please refer to the “Red Line†section of the “House Map†as an attachment (1) to this contract.
Article 6 The construction contents and practices are described as follows (not enough to be attached):
(1) Office: Ground Section _____, Wall Section _____, Sky Shed Section _____, Door/Window Section _____, Other _____;
(b) Housing: Ground Section _____, Wall Section _____, Sky Shed Section _____, Door/Window Section _____, Other _____;
(3) Kitchen: Ground Section _____, Wall Section _____, Ceiling Section _____, Door/Window Section _____, Other _____;
(d) Guardian: Ground section _____, Wall section _____, Ceiling section _____, Door and window section _____, Other _____;
(5) Miscellaneous: Ground Section _____, Wall Section _____, Ceiling Section _____, Door/Window Section _____, Other _____; Where there is no description in the preceding paragraph, it is deemed as “Renovation Construction Drawing†of Annex (2) to this contract. determine.
Chapter IV Materials, Equipment and Prices
Article 7 Materials and equipment used for construction are listed in the “Quotation Sheet for Main Materials†as attachment (III) to this contract and the “Assembly Material Quotation Sheet†as attachment to this contract (IV). The labor costs of Party B are seen as attachments to this contract ( 5) "Labor Cost Quotation".
Article 8 to Article 13 apply when Party B provides materials, equipment and services for construction use
Article 8 The total price of the housing project is _____yuan, including the material fee _____ yuan, labor cost _____ yuan, management fee _____ yuan, design fee _____ yuan, garbage clearance freight _____ Yuan, tax _____ yuan, other costs _____ yuan. The total project price is the sum of the sub-items.
The total price and sub-item described in the preceding paragraph are the budget prices of Party B. If the settlement price exceeds the budget price, Party A shall pay the total project price according to the budget price; if the settlement price is lower than the budget price, Party A shall pay the total project price at the settlement price.
Article 9 Party B's quotations for material costs, labor costs, management fees, design fees, and garbage clearance fees shall not exceed the market average price of the fees at the time of signing the contract.
If Party B’s offer in this contract exceeds the average market price, it shall be settled at the average market price.
If both parties object to the average market price mentioned in the preceding paragraph, they may entrust the price appraisal department to evaluate and the appraisal conclusion of the price appraisal department shall be accepted by both parties.
Article 10 Party B shall indicate the name of the materials and equipment, the manufacturer's name, site, brand, model, specification, grade, price, and quantity of the "Material Price Quotation Sheet" and "Assistment Material Quotation Sheet".
If the materials and equipment provided by Party B and already used are inconsistent with the provisions in the "Quotation List for Major Materials" and the "Supplementary List for Supplementary Materials," Party A has the right to choose to deal with one of the following ways. Party B shall accept:
(1) If Party A agrees to continue to use, Party B shall waive the cost of the materials and equipment;
(2) If Party A does not agree to continue to use, Party B shall replace and redo the materials according to the provisions of the "Main Materials Quotation Sheet" and "Assistment Material Quotation Sheet". The replacement materials and equipment fees shall be charged half and the original construction period shall be unchanged.
Article 11 Party B shall submit copies of manuals, warranty statements, environmental protection manuals and purchase invoices. If Party A's requirements are checked against the originals, Party B shall agree. The invoice should contain the product name, brand, model, specification, grade, price and quantity.
Article 12 The quality of materials and equipment provided by Party B must comply with the national standards, and have the quality inspection certificate and the product name, specifications, model name, manufacturer name, factory site, etc. of the Chinese mark, and shall not use the architectural decoration that the State has ordered to phase out. Materials and equipment.
The materials and equipment provided by Party B must comply with national environmental standards, including but not limited to the indoor air quality, radiation, lighting and noise intensity indicators after completion, so that Party A can achieve the purpose of safe living and living.
If Party B violates the provisions of the preceding two paragraphs, it shall immediately replace it and redo it. The replacement materials and equipment will no longer be charged and the original construction period will remain unchanged.
Article 13 If Party A alters the construction content, Party B shall agree. If the contents of the construction period, the total price, the "Main Materials Quotation List" and the "Assistment Materials Quotation Sheet" are changed correspondingly, it shall take effect after written confirmation of Party A.
Articles 14 to 16 apply when Party A provides materials and equipment for construction use and Party B provides labor services.
Article 14 The total project price of the house is _____yuan, including the labor cost _____ yuan, tax _____, and other expenses _____ yuan.
Article 15 The materials and equipment provided by Party A shall be delivered to the site on time, and Party B shall go through the acceptance procedures. If the materials and equipment provided by Party A do not conform to the national standards, Party B shall submit to Party A in written form after acceptance. Party A shall still indicate its use. If Party A causes losses, Party A shall bear the liability. If Party B supplies materials and equipment to the site and it is damaged after acceptance by Party B, Party B shall pay compensation.
Article 16 Materials and equipment provided by Party A shall be used in this project; Party B shall not use it for other purposes without the consent of Party A.
In case of shortage or replacement of materials and equipment provided by Party B due to Party B's reasons, Party B shall compensate Party A for the price of the shortage of materials and equipment or 10 times the difference between the materials and equipment before and after the replacement.
Chapter V Payment Method
Article 17 The project payment shall be paid as follows:
(1) After the signing of the contract, Party A shall pay the construction fee equivalent to 30% of the total price 2 to 5 days before the commencement of the contract;
(2) Within three days after the completion of 50% of the project quantity, Party A shall pay the project amount equivalent to 40% of the total price;
(3) Within three days after completion of acceptance, Party A shall pay a construction fee equivalent to 25% of the total price.
(4) After one year of acceptance of the completion or the warranty period agreed upon by both parties expires, Party A shall pay a construction fee equivalent to 5% of the total price.
If Party A pays for the project payment, Party B's salesman or construction staff will charge Party B for collection.
Article 18 If the total price is increased or decreased due to alteration of the construction content, Party A shall pay or receive the increase or decrease amount on the day of acceptance of the completion.
Article 19 Both parties shall issue receipts for payment. After the completion of construction, Party A shall issue a legal invoice after Party A pays the amount due in full.
Article 20 After the acceptance of the project is completed, Party A is entitled to retain a 5% guarantee fund equivalent to the total project price. If there is no project quality problem within one year after the completion acceptance, Party A shall return the full amount of the warranty fund to Party B.
Chapter 6 Settlement
Article 21 If the project is completed and Party A disagrees with the price after acceptance, it may request a verification period of no more than seven days. During the verification period, Party A has the right to suspend payments to Party B. Party B shall agree. If Party A commissions a third party to conduct an assessment, the verification period expires on the date of the assessment report.
If Party A commissions a third party to evaluate the price, the price agreed upon in the "Primary Materials Quotation Sheet" and "Assistant Material Quotation Sheet" shall be used as the basis for calculating the total price, and Party B shall agree to settle the total price according to the evaluation result.
Chapter VII Project Progress
The twenty-second article of the project on the _____ year _____ month _____ days started, _____ year _____ month _____ days completed, the duration of _____ days. The daily construction time is _____ when the _____ points to _______ points when _____ (_____ hours _____ points to _____ hours _____ breaks).
During the construction period during construction period, if Party B does not construct, whether the project is completed or not, the construction period will be dealt with on the 1st of every 1 day. Dispose on the 1st day less than 1 day.
Chapter VIII Construction
Article 23 Party B assigns _____ to be a project site representative and is responsible for the performance of this contract, including organizing construction according to requirements, and coordinating and handling all matters that Party B is responsible for. Party B approves the behavior of its assigned resident site representative.
If Party B changes the representative of the resident site, it shall notify Party A in writing; Party B shall recognize the behavior of the original resident site representative before Party A receives the replacement notice.
Article 24 Party B shall conduct construction on its own. Without the consent of Party A, this project shall not be subcontracted to any third party.
Article 25 Project Implementation DBJ08-62-97 "Technical Specification for Residential Building Engineering", DB31/T30-1999 "Residential Standard for Acceptance of Residential Decoration," and Other Standards and Quality Assessment Acceptance Set by the State and Municipal Construction Administrative Departments Standards and the agreement of both parties.
Article 26 During the construction period, Party A and its delegates have the right to view, understand, and check the construction conditions on the site. Party B shall cooperate; but Party A shall not influence Party B's construction.
Article 27 Party B shall construct according to the compulsory standards for construction and other technical standards, and complete the construction in accordance with the design, construction plans and practices approved by Party A to ensure the quality of the project and may not cut corners or cut corners.
Article 28 During the construction period, if Party A modifies the design plan and changes the construction plan accordingly, and increases or decreases the construction content, Party B shall be notified before the construction of the changed project. Party B shall construct according to the requirements of Party A.
If Party A alters, adds or subtracts a construction project, it shall sign with Party B the "Project Change Order" as attachment (6) to this contract.
If Party A alters the work type project and causes changes in the completion date and the total price of the project, it shall be dealt with in accordance with Article 13 of this contract.
Article 29 Party B shall not alter the building main body and bearing structure during construction, and shall not arbitrarily fold, change or supply the helium or gas pipelines, or perform other actions that affect the building structure, endanger the safety of use, and exceed the original design standards of the house.
If Party A requests the implementation of the prohibition of the provisions of the preceding paragraph, Party B may refuse, but it shall provide amendment opinions.
Article 30 Party B shall abide by the construction safety operation regulations, adopt necessary safety protection and fire prevention measures, ensure the safety of operators, and avoid the loss of Party A's houses and other properties.
If Party B violates the provisions of the preceding paragraph and causes losses, it shall pay compensation.
Article 31 During construction, public space shall not be invaded, and facilities of public parts shall not be damaged. If Party B violates the provisions of the preceding paragraph and causes an adjacent dispute or dispute with the property company or any third party, it shall be responsible for handling it. If Party B causes damages, Party B shall pay compensation.
Article 32. The costs of public utilities such as water, electricity, gas, and telephones incurred at the construction site shall be borne by Party A. However, if the average daily expenditure exceeds the following limits, the excess will be borne by Party B: water fee _____ yuan/day. Electricity fee _____yuan/day, gas fee _____yuan/day, telephone charge _____yuan/day.
The daily utility fees incurred at the construction site mentioned in the preceding paragraph are the ratio of the total amount of the fees during the construction period to the number of construction days. The payment notice or receipt of the utility company is the basis for the determination of the fees.
Chapter IX Acceptance and Acceptance
Article 33 After completion of the concealment project, Party B shall notify Party A in writing three days before the completion of the inspection. Party A shall participate in the acceptance inspection according to the time notified by Party B. If Party A fails to check on time, it shall notify Party B to arrange another time.
Party A cannot be accepted in time, which may cause Party B to delay the construction period. Party B may organize the acceptance of the personnel. Party A shall accept the acceptance result. If Party A asks for re-inspection afterwards, Party B shall perform re-inspection as required. If the re-inspection is qualified, the re-inspection and rework costs shall be borne by Party A, and the construction period shall be postponed.
Article 34 After the completion of the project, Party B shall notify Party A in writing five days prior to the completion of the project. Party A shall, within seven days after receiving the notice, organize inspection and acceptance in accordance with the engineering design contract and corresponding quality standards. Acceptance of the transfer formalities, signing of the “Project Quality Acceptance Form†as Annex (7) to this Contract and “Project Settlement Form†as Annex (8) to this Contract. Party B shall issue the "Residential Interior Decoration Quality Warranty" as an attachment (9) to this contract. If Party A fails to organize an acceptance within a specified time, Party A shall promptly notify Party B of the date of acceptance. If acceptance is satisfactory, Party A shall acknowledge the original completion date.
Article 35 Where Party B or Party B’s personal or property losses result from construction quality problems, Party B shall not be subject to or in accordance with the provisions of Articles 33 and 34 of this Contract, and shall be exempted from liability for damages. .
Chapter 10 Warranty
Article 36 The warranty period of the project is three years. The water proof requirements of the kitchen, bathroom and external walls are leak-proof for five years. The warranty period begins on the date of acceptance of the completion acceptance.
Chapter XI Liability for breach of contract
Article 37 Party A violates the provisions of the first paragraph of Article 17 of this contract. For every one day overdue, Party B shall pay Party B the penalty for breach of contract in accordance with 1/4 of the amount of the overdue payment.
Article 38 Party B, in violation of Article 22 of this contract, shall pay the liquidated damages of the other party _____ (RMB 100-500) per one day of the due date; but due to Party A’s reasons or as confirmed in writing by Party A. Except for changing the construction project and other reasons and extending the construction period.
Article 39 Party B violates the provisions of Articles 25 and 27 of this contract. Party A has the right to terminate the contract and asks Party B to compensate for the loss.
Article 40 Party B has the right to request Party B to redo or rescind this contract in violation of the provisions of Paragraph 1 of Article 29 of this contract. If the original construction period does not change and Party A loses, Party B shall compensate.
Article 41 If Party A violates the provisions of the second paragraph of Article 34 and causes Party B’s losses, Party A shall pay compensation.
Article 42 After this contract comes into force, if either party requests the termination of the contract, the contract shall be terminated after the settled project money has been submitted and the party that terminated the contract has paid the liquidated damages equal to 10% of the total project price.
Chapter 12 Others
Article 43 In the event of disputes between the two parties regarding the performance of this contract, if the negotiation fails, the following _____ approaches are selected to resolve:
(a) apply to the _____ Arbitration Commission for arbitration;
(B) to the people's court.
Article 44 The original of this contract shall be in quadruplicate, and both parties shall hold two copies.
person A person B:
ID number: Legal representative:
Attorney Attorney:
ID number: ID number:
Address: Address:
Phone: Phone:
Zip Code: Zip Code:
Date: year month date date: year month day
Summary: The above is a sample of the home decoration contract that Xiaobian introduced to you. However, in the real life, the home decoration contract is provided by the decoration company. As the owner, the most important thing is to carefully grasp the terms of the decoration contract. If there are unequal terms, you must Consult with the decoration company in a timely manner. For more information on this site, stay tuned.
Decoration Contract Home Renovation Contract
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