The decoration price of contracting labor and mate

2022-07-22
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Mr. Xu bought a rough house in Chengdong in March this year. After getting the house key, he signed a decoration contract of 100000 yuan with a decoration company after being introduced by a friend. The contract agreed to use the method of contracting labor and materials, of which the material payment is 65000 yuan, the construction payment is 35000 yuan, and the decoration period is 2 months. When signing the contract, the decoration company attached the list of decoration materials, including the name and price, to the back of the contract, which made Mr. Xu, who had never been in touch with decoration, quite relieved. But in the process of decoration, Mr. Xu accidentally found the wooden floor used in his house, which was marked as 260 yuan/square meter on the list. But the wooden floor of the same brand and specification can be traded at 160 yuan in the building materials supermarket. For this item alone, he paid nearly 4000 yuan more. He investigated all the goods on the list and found that the price was 15% higher than the market price & mdash; About 30%, which means that he spent nearly 20000 yuan more in the decoration. Mr. Xu found the decoration company to reason, but the decoration company prevaricated with different purchase channels. He wanted to change the contract and proposed to purchase the remaining materials by himself, which was also rejected by the decoration company. Therefore, after the decoration, Mr. Xu refused to pay the last 16000 yuan to the decoration company. The decoration company didn't tangle with him much, and just after the payment deadline, they took him to court. After hearing, the court found that the contract signed by both parties was valid, and the lawsuit ended in Mr. Xu's failure. He suffered a loss and lost the lawsuit, which made Mr. Xu confused. He took the decoration company to court on the grounds of contract fraud, asking the other party to refund the price difference and make equal compensation. However, in the court trial, the decoration company provided invoices that were consistent with the price and quantity of all purchased materials, and there was no provision in the contract that the material price should be subject to the market price. Therefore, the court finally found that the reason for the decoration company's contract fraud was not tenable and rejected Mr. Xu's claim. In this regard, legal experts believe that when Mr. Xu signed the contract, if he stated in the list of materials in the annex to the contract that the commodity price should be subject to the market price of the current month, or understood the market price before signing the contract, so that he knew it well, he would not be dumbfounded

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