Contract Dispute Between a Renovation Company and Homeowner in Xiamen

Case Summary

Plaintiff Xiamen [Name] Decoration Engineering Co., Ltd. entered into a "Residential Renovation Construction Contract" with Defendant Homeowner Wang, agreeing to renovate the property located in Siming District, Xiamen. The total contract price was 128 ten thousand yuan, with the balance of 38.4 ten thousand yuan due within 30 days after successful completion acceptance of the project. After Plaintiff completed all renovation work, both parties conducted joint completion acceptance and signed an Acceptance Report confirming compliance. Three months after Defendant moved in, they refused to pay the remaining balance of 38.4 ten thousand yuan, citing quality issues such as wall cracking and waterproof leakage. Plaintiff filed a lawsuit requesting payment of the outstanding balance and liquidated damages.

Key Dispute

1.Has the renovation project in question been accepted and passed final inspection?

2.Do the quality issues raised by the defendant fall within the warranty scope after completion acceptance?

3.Is the defendant's defense against paying the final payment on the grounds of quality issues valid?

Case Strategy

1.Core evidence: fixed decoration construction contract, acceptance report upon completion of construction, construction records, project acceptance documentation, communication records between both parties, and payment demand notices.

2.The plaintiff has submitted evidence proving that the renovation work in question was jointly accepted and passed inspection by both parties, that the defendant signed the acceptance report confirming its quality, and that the defendant has already moved in and used the premises. Therefore, the quality of the construction work should be deemed to comply with the contractual agreement.

3.The wall cracks and waterproofing leaks raised by the Defendant fall within the post-completion warranty scope. The Defendant may request the Plaintiff to fulfill warranty obligations but cannot withhold the final payment on this basis.

4.Calculate the liquidated damages for the defendant's overdue payment based on the standard specified in the contract.

Processing Result

The court ruled that the defendant shall pay the plaintiff the remaining renovation project amount of 38.4 ten thousand yuan, along with overdue payment penalty calculated at 0.04% per day on a principal of 38.4 ten thousand yuan (from the due date of the remaining payment until the actual payment date); the defendant shall bear all litigation costs in this case.

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