Case brief

    Mr. Zhao (a pseudonym) entrusted a house with an area of 151 square meters in a residential area of Beijing to a decoration company for interior decoration, and Mr. Zhao paid all the project money and increased project money. However, after the renovation, formaldehyde and TVOC (total volatile matter) were not qualified by professional organizations, and the renovated house was uninhabitable, and Mr. Zhao's family was forced to rent more than 3 months outside. Due to fruitless negotiations, Mr. Zhao sued the company to the Beijing Haidian District People's Court, requiring the decoration company to re-test, eliminate the air unqualified factors, ensure that the indoor air quality is fully qualified, and compensate for the relevant losses.

    The decoration company argued that on June 29, 2023, the company received the test report provided by Mr. Zhao, and arranged the cooperative manufacturers to do air governance at the first time, and completed air governance the next day; Engineering supervisor, housekeeper repeatedly contacted to explain that the company's products have qualified certificates, suspected that the superimposed effect occurred in the decoration, and advocated plate testing; On July 5, the company's customer service manager, engineering supervisor, and manufacturer went to Mr. Zhao's home to deal with the unqualified air test, advocating the board test, such as the board test fails, the decoration company assumes responsibility.

    In this regard, Mr. Zhao said he did not recognize, and asked to sign the compensation agreement on the same day, its general content is whether the plate is qualified, the decoration company needs to bear the full cost, Mr. Zhao does not bear any costs during this period.

court hearing

     After hearing, the court held that the project contract signed by Mr. Zhao and the decoration company was legal and valid, and both parties should perform according to the contract agreement. If a party fails to perform its contractual obligations or its performance is not in conformity with the contract, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or making compensation for losses. Article 3 Quality requirements stipulated in the project acceptance standard, both parties agree to refer to the Beijing local standard "Residential building decoration Engineering quality acceptance Code" provisions. Article 10 Dispute resolution During the performance of this Contract, both parties shall apply for a professional testing institution recognized by the relevant administrative department for testing and verification, and the relevant expenses shall be paid by the applicant and ultimately borne by the responsible party.

    After the decoration company completed the decoration of the house involved, Mr. Zhao commissioned a testing agency to test the indoor air of the house involved, and the results showed that TVOC and formaldehyde were unqualified in the bedroom, living room, kitchen, elderly room, children's room south and children's room north, and the decoration company should compensate Mr. Zhao for the loss caused by it. Mr. Zhao argued that the testing fee and moving fee were justified, and the court supported them. However, the rent loss advocated by Mr. Zhao is too high, the decoration company in Mr. Zhao notified the indoor air test failed on the same day that the house involved in the air treatment, Mr. Zhao also signed to confirm, after the two sides negotiated the house involved in the test again failed, so did not jointly entrust testing agencies to test, Mr. Zhao did not entrust testing agencies to test.

      Combined with the specific circumstances of the case, the court supported Mr. Zhao's rent loss for one and a half months, and decided that the decoratio.

  Judge's statement

   New house decoration, second-hand house renovation, for many families is a big project to improve the quality of life. However, the volatile pollutants represented by formaldehyde in the decoration process have great harm to the human body. As a consumer, you can clearly agree on the quality of decoration through the decoration contract, and actively safeguard your legitimate rights and interests when there are problems. As a decoration company and manufacturer, we should pay more attention to project environmental protection, and deal with problems as soon as possible to reduce losses and avoid greater liability.

    This article is transferred from the "Shandong High Law" wechat public number, thank you!