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How to sue for general decoration contract disputes?

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Source: Legal Chart Compilation · 2024.02.21 · 5030 people have seen it
Guide: You need to write the indictment first, and then you need to prepare all the evidence for prosecution and submit it to the court with jurisdiction. As long as the court is sure that there is no objection, then the court will accept its own appeal and give a corresponding judgment based on the situation of the case.
 How to sue for general decoration contract disputes?

1、 General decoration contract dispute How to prosecute

1. Write indictment

2. Preparation litigation Required evidence

3. To have Jurisdiction The court of.

4. The court decides whether to accept the lawsuit of the decoration contract dispute.

5. After the court accepts the litigation case of the decoration contract dispute, it shall send a copy of the indictment to the other party within the statutory time.

The People's Republic of China civil procedure law

Article 122 A suit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There are definite defendants;

(3) There are specific claims, facts and reasons;

(4) Belongs to the scope of civil litigation accepted by the people's court and the people's court being sued have jurisdiction over

Article 123 A lawsuit shall be submitted to the people's court Indictment And submit copies according to the number of defendants.

If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall record it in writing and inform the other party.

II House decoration disputes What are the treatment methods of

(I) House decoration contract The disputes shall be handled as follows:

1. Negotiate with the operator;

2. The consumer requests the consumer association to mediate;

3. To relevant administrative departments appeal

4. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator;

5. Bring a lawsuit to the people's court.

(2) He solved it through legal means

1. The parties negotiate on their own;

2. Administrative mediation by competent authorities;

3. Arbitration;

4. Settlement of litigation.

(3) Industry regulations regulate the settlement of disputes in some home decoration markets. The dispute settlement process is as follows:

1. Complaints;

2. Mediation Department accepts;

3. The Quality Inspection Department shall conduct on-site inspection according to the contract and drawings;

4. Mediation Department and Quality Inspection Department shall mediate according to the verification results.

If both parties reach an agreement, repair or rework will be carried out. If no agreement is reached or the agreement is not performed, arbitration or litigation can be applied to the court.

3、 When should we apply for appraisal if the decoration project is unqualified

The time handling methods of application for appraisal of unqualified decoration project quality are as follows:

1. If the decoration contract signed between the two parties originally has an agreement, it can be handled as agreed.

2. If there is no relevant agreement on when to apply for quality appraisal in the contract, then when the decoration project quality acceptance is carried out, if there is a dispute about the decoration quality, the contract can negotiate with the decoration party to jointly apply for an authoritative third party to conduct quality inspection, and then the appraisal report will be used as the basis for judgment.

After the decoration contract is signed, it can be recognized that the contract has legal effect, and both parties need to perform their respective obligations. If a dispute arises, it can be handled through litigation, but the premise is that there must be evidence to support their views, and the litigation should also be conducted in accordance with the provisions of the law, Only in this way can the court protect its own rights and interests in combination with the situation of the case.

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