If the decoration fails to refuse to pay the final

2022-07-22
  • Detail

The decoration of the store was not completed on schedule, and the owner refused to pay the remaining decoration money. Both parties went to court, and the court made a judgment:

the final payment of decoration should be paid liquidated damages and deducted

Ms. Liang, a citizen, operated the tea business. Due to the expansion of business, Ms. Liang rented a shop to open a tea plantation in Luzhai county. However, the decoration was not completed as scheduled, and the teahouse failed to open in time. Ms. Liang refused to pay the remaining decoration fees, which led to a lawsuit. A few days ago, the Luzhai county court made a first instance judgment on the case. Ms. Liang paid the remaining decoration costs according to the contract, but deducted the liquidated damages for the overdue completion of the decoration

the decoration of the new store was not completed on schedule

in May 2016, due to the expansion of business, Ms. Liang, who operates the tea business in Liuzhou, signed a decoration contract with Mr. Qin, who is engaged in decoration, and agreed that Mr. Qin would provide interior decoration for a shop of Ms. Liang located in Luzhai County, with a cost of more than 140000 yuan, and the completion date of the project was July 12, 2016. According to the contract, if the project is not completed ten days after the expiration of the contract period due to the construction party, Qin will pay Ms. Liang a penalty of 100 yuan per day from the expiration of the date

in this process, Ms. Liang paid a total of 90000 yuan to Qin in May 2016 and June 2016. However, the decoration of the shops was not completed as scheduled. After more than two months of delay, on October 5, 2016, Ms. Liang opened the shop without carrying out the completion acceptance of the shop

the decoration fee triggered a lawsuit

Ms. Liang refused to pay the remaining decoration fee. After negotiation, Mr. Qin sued Ms. Liang to the Luzhai county court and asked Ms. Liang to pay the remaining decoration fee of 50000 yuan

in this regard, Ms. Liang believes that because Mr. Qin did not complete the project on schedule within the time specified in the contract, and many engineering projects were not installed and completed according to the contract requirements, Ms. Liang found another worker to install it by herself and paid the cost for it. Because the contract on the payment of project funds is not clear, so she did not pay the remaining decoration funds. In addition, Ms. Liang believed that because the decoration was overdue, she paid the rent for more than two months in vain to the landlord of the shop, causing actual losses

The court judged the rights and responsibilities of all parties. The court of Luzhai county held that Mr. Qin's decoration company provided decoration services for Ms. Liang, and Ms. Liang should pay the service fee as agreed. Although both parties did not settle the construction project and did not conduct completion acceptance. However, Ms. Liang opened her business on October 5, 2016. According to the contract, if she entered the site without acceptance, it will be deemed as qualified. Ms. Liang should pay in time after entering the station. Therefore, Ms. Liang should pay Mr. Qin the remaining decoration payment of more than 50000 yuan

in addition, the contract stipulates that the completion time of the project is July 12, 2016, but the decoration project was not delivered for use until October 5. Therefore, Mr. Qin should be liable for breach of contract if he fails to complete the project. According to the agreement, if the contract is not completed after 10 days, Ms. Liang has the right to require Mr. Qin to pay a penalty of 7400 yuan per day for 74 days from the expiration of the date

finally, after the two debts were offset, the court ruled that Ms. Liang should pay Mr. Qin the remaining decoration fee of more than 40000 yuan. Source: Nanguo Jinbao

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