The new house has been accepted, and the owner sue

2022-07-22
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An owner in Shenyang asked a decoration company to decorate his house, and the project was postponed for one month. The decoration company presented cleaning and green plants, and the owner paid all the decoration money after the completion. But after a lapse of five months, the citizen took the decoration company to the court again, thinking that there was no written approval on the commitment, and demanded a penalty of 30000 yuan

◆ after payment, the owner sued the decoration company

on May 16, 2010, Mr. Zhang signed a decoration contract with a decoration company in Shenyang, which was responsible for the decoration of a house on Chishan Road, Hongqu district. The two parties agreed that the construction will start on May 26 and be completed on July 31, with a construction period of 67 days and a decoration cost of more than 100000 yuan. During the construction process, both parties reached an agreement to extend the construction period to August 11

on August 31, 2010, the decoration project was completed and accepted by Mr. Zhang. On September 10, Mr. Zhang paid all the project funds. A few months later, Mr. Zhang sued the decoration company to the court, requiring the decoration company to pay more than 30000 yuan of liquidated damages for overdue completion. Mr. Zhang said that he did not agree to postpone the project to August 31

◆ the unilateral commitment has been fulfilled without breach of contract

the Huanggu District People's court held that Mr. Zhang said that the commitment was made unilaterally by the decoration company without his own signature. However, from the actual performance of both parties, the decoration company completed the project on August 31, 2010, and gave the promised cleaning and green plants to Mr. Zhang. Mr. Zhang paid all the project funds for the completed project and accepted the cleaning and green plants presented by the decoration company. Therefore, the court found that Mr. Zhang recognized the unilateral commitment of the decoration company and had actually fulfilled it, which was binding on Mr. Zhang. In fact, both parties reached a new agreement on the construction period of the project, and the decoration company completed the project as scheduled, so there was no breach of contract

Mr. Zhang's request for the decoration company to pay liquidated damages has no factual basis, and the court rejected it according to law. Mr. Zhang appealed against the first instance judgment. Recently, the Shenyang intermediate people's court made a judgment, upheld the original judgment and rejected the appeal

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