Formaldehyde is us the poisonous and harmful material of easy bring into contact with in daily life, also be one of a room is the mainest contaminant in decorating, and of formaldehyde release cycle to be as long as 3 to 15 years, form potential menace to human body, accentuated further harm sex. Also absolutely, in recent years formaldehyde exceeds mark issue to cause the attention of people more and more.
This year is the building that do not have stannum dish the good year of consign. According to statistic, annual predicts to have 55 buildings dish await delivery, there are 27 projects first half of the year only be about to consign. And in recent years, the clothbound room that does not have stannum is increasing also, how should if you encounter building formaldehyde to exceed bid,do?
[case]
On March 10, 2016, some and some estate company sign Lin Mou " commodity house opens to booking an agreement " , the agreement buys total prices fund 3.69 million yuan decorate a building completely. Both sides is in " compensatory agreement " in agreement, estate company can entrust those who have aptitude to detect the orgnaization pledges to indoor air the quantity has sampling observation and issue detect report. When building consign if exist quality flaw or decorate a flaw, the rehabilitate after be in charge of making a room by estate company, rectify and reform, do not affect building consign. The person that buy a house with quality flaw or decorate reject to control a house for the flaw, the company need not assume delay to meet room duty. Outside dividing force majeure, estate company exceed the time limit exceeds building of 90 days of consign, and the person that buy a house agrees to continue to fulfil a contract, estate company should pay total room the money 10% as penalty due to breach of contract.
On April 21, 2017, when the company informs Lin Mou some receives a building, some proper motion invites Lin Mou major detects the company detects give building formaldehyde to exceed bid, will detect in time the report provided estate company working personnel. After estate company receives a report, did not grant to rectify and reform all the time. In September 2017, lin Mou some makes a room with company exceed the time limit for to forensic to lodge a complaint, request company pays exceed the time limit to reach room penalty due to breach of contract 369 thousand yuan to its.
The court is to entrust some authority air to detect first limited company of science and technology has judicatory identification to building formaldehyde state, " book of judicatory appraisal opinion " carry bright: Experience case building is indoor formaldehyde detects the value is every stere 0.36 milligram, outclass our country recommends sexual level " standard of indoor air quality (GB/T 18883-2002) " regulation, detect the result exceeds bid bigger. The court adjudicates formaldehyde of building classics appraisal exceeds bid then, not requirement of up to specification, the company ever informed even if of Lin Mou to some controls a house, but the building does not accord with consign condition, exceed the time limit hands in room responsibility to be assumed by the company, adjudicate 200 thousand yuan to company take into consideration the circumstances compensates for penalty due to breach of contract.
Zhang Hu of office of law boat attorney's lawyer pollutes a problem to analyse as follows to the environment when clothbound room consign:
1, after receiving a building, discover formaldehyde exceeds bid how does thought for the time being?
Above all, ought to entrust the tripartite that possesses attestation qualification to detect orgnaization, undertake detecting according to formulary flow. Next, occurrence building formaldehyde exceeds mark phenomenon, the person that buy a house should note collect evidence, take authority detect report, cause harm medicine to prove to wait to oneself health. On this foundation, can mention civil compensation lawsuit, OK also and bilateral negotiate compensation.
2, can be the person that buy a house denied exceed bid with formaldehyde for rejection building?
Need to explain, the flaw has the building quality that formaldehyde exceeds mark issue and common sense to go up to differ apparently. Building quality flaw is to be able to 't father serious effect lives normally used issue. At present the essence on the market decorates a building increasing, the window that appears easily when test house is slight slack, floor tile is slight interstitial, wall paper is local fall off wait for a problem, still can't affect badly live use, reason can be maintained commonly for quality flaw. The person that buy a house can ask to develop business to give after receiving a building maintenance, development business rejects to maintain, rehabilitate of proper motion of Yi Ke of the person that buy a house, the other loss that causes during repair expenses and rehabilitate is assumed by development business. And the technical measure that although can pass later stage,formaldehyde exceeds mark issue gives rectify and reform, but before asking the problem is solved, what the existence of formaldehyde endangered habitant badly is healthy, formaldehyde exceeds the building of mark and unwell house, because this formaldehyde exceeds mark not to attribute the quality flaw on common sense, the right of building of rejection of the person that the means that development business must not agree through the contract eliminates to buy a house. The person that buy a house is OK formaldehyde exceeds rejection house offers for mark, ask to develop business to give in time to building formaldehyde problem processing.
