I. Replay of the case: Who can't explain the breach first?
Readers Ms. Fang has two houses that need renovation, one is a massage room located in Hongde Building in Yunnan Road, and one is to have a massage bed; the other is a home located in Tsingtao, Yincheng’s treasure ship. After some comparisons, Ms. Fang chose Danone decoration and signed a decoration contract with him.
In September last year, after the home improvement company completed the production of the massage bed, it began the construction of the Treasureship Tingtao. According to the contract, Ms. Fang paid 40% of the first-phase construction fee of 88,000 yuan, including the production cost of some massage beds.
The project of Treasureship Tingtao has just been carried out to cover the installation of hydropower concealment projects. Contradictions have arisen on both sides. Ms. Fang believes that the home improvement company has not completed construction according to the agreement between the parties and requested to suspend the contract. She told reporters: “The home improvement company hit the wall indiscriminately during construction. Originally, it was agreed that only one wall should be used. I also applied to the real estate bureau according to the relevant regulations. However, during the construction work, the decoration workers made two more holes in the bathroom wall. The bathroom's waterproof layer was destroyed, which made it impossible for me to continue to trust them. In addition, the massage beds they made are also far worse than we had originally agreed upon. Mr. Wu, the designer, can testify."
At the request of Ms. Fang, the home improvement company stopped the construction and agreed to suspend the contract. However, when clearing the renovation costs, the two parties could not reach an agreement. Mr. Meng, the person in charge of the home improvement company, did not recognize that the two holes in Ms. Fang’s bathroom were caused by construction workers. He said: “The designer has left our company. We did not make holes. Moreover, even if we make holes, there are rectification opportunities. Now that Ms. Fang insists on the termination of the contract, there should be other reasons.†Mr. Meng said that the company has agreed to suspend the contract, and provided Ms. Fang with a fee settlement plan. According to the plan, Ms. Fang needs to pay a total of around RMB 46,000. . However, Ms. Fang did not approve the liquidation plan, which made it impossible for the company to suspend the contract with her.
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