Is it legal for the upstream company to help install cabinets and pay the final payment in advance？

The decoration is coming to an end, and only the wardrobe is not installed, so I will ask for the final payment, and I will not install it without paying. As soon as this matter was mentioned, Ms. Peng was very angry.

On August 7, Ms. Peng reported to the upstream news hotline 966966/ upstream news APP: In January this year, she signed an overall contract with Chongqing Aimeishe Decoration Engineering Co., Ltd. (hereinafter referred to as Aimeishe Company), entrusting Aimeishe Company to decorate a house in Central Park. The contract stipulated that after the acceptance of the main project, 5% of the final payment would be paid, but it has not passed the acceptance yet, and the decoration company can’t wait to ask for the final payment.

supplementary agreement

Pay the last payment before installing the wardrobe

On the morning of August 8, the upstream journalist came to the Jiuli Community of China Resources Park in Central Park, and saw that the decoration of the house was basically completed, and finally he waited to install the wardrobe.

Ms. Peng said that the package contract she signed with Aimeishe Company had an interior area of 137 square meters and a total price of 162,250 yuan. The contract stipulated that the project payment would be paid in three installments, and she had paid the money on time in the first two times according to the contract.

For the third time, Aimeishe did not act according to the contract: "If you want to install the wardrobe, you must pay the 5% balance of 8112 yuan, otherwise you will not deliver or install it."

Ms. Peng said that it is not the first time that the company has not complied with the contract. On January 8 this year, Aimeishe Company entered the site for renovation, and the first step was to add money to remove the bay window.

"We all know that the money for removing the bay window is included in the package price, but in order to increase the money in disguise, Aimeishe Company divided the bay window into’ brick mud bay window’ and’ concrete bay window’." Ms. Peng said that in order to carry out the renovation smoothly, 4 bay windows were demolished and 5,000 yuan was added.

At that time, Ms. Peng signed a supplementary agreement with Aimeshe Company, which will not generate any additional expenses outside the contract. If it is increased, the expenses will be borne by Aimeshe Company.

Owner’s letter

The owner sent a letter requesting to resume work as soon as possible.

"It may be that this supplementary agreement angered the decoration company, and the decoration behind it was troublesome." According to the contract, Aimeishe Company gave Ms. Peng a 30-square-meter wardrobe, but the wardrobe handle and other accessories need to be purchased by the owner himself. So, Ms. Peng paid another 3,000 yuan. However, after the wardrobe was completed, the company was slow to install it.

On August 5th, Ms. Peng sent the Letter on Accelerating the Renovation of Park Jiuli F7-X-X (hereinafter referred to as the "Progress Letter") to Aimeishe Company.

The upstream journalist saw that the progress letter mentioned that the project was coming to an end, only the remaining indoor wardrobe was not completed. Your staff completed the wardrobe size measurement on June 15, 2022, and installed it one month later as agreed, but it has not been installed yet, and the construction period has fallen behind by more than 20 days. We also urged the manufacturer and the project manager many times, giving the reason that the wardrobe will not be installed because the final payment for decoration has not been paid … I hope your company will urge and coordinate to resume work within 5 working days to avoid unnecessary losses.

On August 8, Ms. Peng told the reporter that after she sent a "Progress Letter" to Aimeishe Company, she still hasn’t received the installation call.

Wechat group communication

Lawyer: Decoration industry regulations have no legal effect.

On the morning of August 8, in the decoration WeChat group established by Aimeishe Company, the upstream journalist saw that on July 26, Ms. Peng said in the group: "My wardrobe is ready, and you are ready to install it. If you don’t come to install it, we will return it."

Jiang Qingli, supervisor of the engineering department of Aimeishe Company, replied: "The cabinets need to be delivered and installed after the final payment is paid."

Immediately, the upstream journalist contacted Jiang Qingli. "The donated project is installed after paying the final payment, which is the regulation of the decoration industry, and every decoration company is like this."

"Where there are these industry regulations, it is just the overlord clause of their company." Ms. Peng told reporters that there is no such agreement in the contract, and the decoration company just wants to finish the money first.

Lawyer Li Jianxing of Chongqing Jiuyan Law Firm said that according to the relevant provisions of the Civil Code, the renovation contract signed by both parties through equal and voluntary consultation has legal effect, while the decoration industry regulations have no legal effect, and the industry norms only play a binding role on industry practitioners. If there is a conflict between industry regulations and laws, the laws shall prevail.

How to solve this matter? Upstream news will continue to pay attention.

Upstream journalist Zheng Sanbo video editor Wang Shankun

Upstream news reporting hotline and channel: 966966, upstream news APP reporting. New things, feelings and grievances, welcome to tell the upstream news. Once the news clues are adopted, they will be rewarded as appropriate.

Long press the QR code to read more good news.