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Дом "мечты" без окон и дверей с дырами и трещинами

Yardrey・33 minutes read

The client faces significant delays and construction defects from the Mozhaisk House-Building Company, which has failed to fulfill their contract despite significant time and financial investment. Disputes over filming permissions, accountability for project changes, and the importance of clear communication highlight the ongoing challenges in resolving the construction issues.

Insights

  • The client is facing significant issues with the Mozhaisk House-Building Company, which has failed to complete the guest house within the promised timeline and has delivered substandard construction quality, including missing essential features and defects. This situation highlights the need for accountability in construction projects and the importance of clear communication and adherence to contractual obligations to avoid misunderstandings and disputes.
  • During discussions about the construction delays and defects, the client emphasizes their right to document the issues, leading to a confrontation over filming permissions and privacy concerns. This underscores the tension between consumer rights and company policies, as well as the necessity for transparent communication and proper notification regarding changes to the project to ensure a satisfactory outcome for all parties involved.

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Recent questions

  • What is a guest house?

    A guest house is a type of accommodation that provides lodging, typically in a home-like setting, for travelers or visitors. It often offers a more personal and intimate experience compared to hotels, with amenities such as shared or private rooms, communal areas, and sometimes meals. Guest houses can vary in size and style, ranging from small family-run establishments to larger properties catering to groups. They are often located in residential neighborhoods, allowing guests to experience local culture and hospitality. The focus is usually on comfort and a welcoming atmosphere, making them a popular choice for those seeking a unique travel experience.

  • How to resolve construction disputes?

    Resolving construction disputes typically involves a structured approach that includes clear communication, documentation, and negotiation. Initially, it is essential to review the contract and any relevant agreements to understand the obligations and rights of each party. Open dialogue between the involved parties can help clarify misunderstandings and address specific issues. If informal discussions do not lead to a resolution, mediation or arbitration may be considered as alternative dispute resolution methods. These processes involve a neutral third party who can facilitate discussions and help reach a compromise. If all else fails, legal action may be necessary, but it is often seen as a last resort due to the time and costs involved. Maintaining thorough records of all communications and agreements throughout the construction process can significantly aid in resolving disputes effectively.

  • What are consumer rights in construction?

    Consumer rights in construction refer to the legal protections afforded to individuals who engage in construction contracts for residential or commercial projects. These rights typically include the right to receive quality workmanship, timely completion of the project, and adherence to agreed-upon specifications. Consumers are also entitled to clear communication regarding any changes to the project, including costs and timelines. If a construction company fails to meet these obligations, consumers have the right to seek remedies, which may include compensation for delays or defects. Additionally, consumer protection laws often allow individuals to refuse contracts that contain unfair terms or conditions. Understanding these rights is crucial for consumers to advocate for themselves and ensure that their interests are protected throughout the construction process.

  • What is the importance of clear communication in construction?

    Clear communication in construction is vital for ensuring that all parties involved have a mutual understanding of the project requirements, timelines, and expectations. It helps prevent misunderstandings that can lead to disputes, delays, and dissatisfaction with the final product. Effective communication allows for the timely sharing of information regarding changes, challenges, and progress, enabling quick resolutions to any issues that arise. Additionally, it fosters a collaborative environment where clients and contractors can work together to achieve the desired outcome. Establishing formal communication channels and documenting all discussions can further enhance transparency and accountability, ultimately leading to a smoother construction process and a more successful project.

  • What should be included in a construction contract?

    A construction contract should include several key elements to ensure clarity and protect the interests of all parties involved. First, it should clearly outline the scope of work, detailing the specific tasks to be completed and any materials to be used. Additionally, the contract should specify timelines for project completion, including milestones and deadlines. Payment terms, including total costs, deposit requirements, and payment schedules, must also be clearly defined. It is important to include clauses addressing potential changes to the project, outlining how such changes will be communicated and documented. Furthermore, the contract should detail the rights and responsibilities of both the contractor and the client, including provisions for dispute resolution and warranties for workmanship. By including these elements, a construction contract can help prevent misunderstandings and provide a framework for accountability throughout the project.

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Summary

00:00

Construction Dispute Over Unfinished Guest House

  • The client is located 2 km from Ruza, aiming to create a guest house with a view of the Andrey River, prioritizing guest experience over personal residence.
  • The guest house design includes a panoramic window, but the roof is merely a metal sheet, lacking proper construction quality.
  • The Mozhaisk House-Building Company is responsible for the construction, which was contracted on December 15, 2022, with a promised completion time of 75 days.
  • As of now, 365 days have passed, and the house remains unfinished, lacking essential features like double-glazed windows and proper roofing.
  • The construction has numerous defects, including missing interior decorations, a temporary roof, and inadequate rodent protection, with a standard mesh instead of the requested 6 mm size.
  • The client was asked to pay an additional 320,000 rubles for alleged project changes, despite no prior agreement or visibility of the project details.
  • The construction site is visited to address these issues with the Mozhaisk House-Building Company, highlighting the need for accountability and resolution.
  • During the visit, there are disputes over filming permissions, with the company claiming legal restrictions against filming without consent.
  • The client and representatives argue their right to film based on constitutional rights, emphasizing transparency in documenting the construction issues.
  • The situation escalates with police involvement, as the client seeks to file a formal complaint regarding the construction company's failures and lack of communication.

15:07

Privacy and Contractual Obligations in Disputes

  • The discussion revolves around the legality of filming individuals in a private office setting without consent, emphasizing the right to privacy and the need for prior notification.
  • The speaker expresses discomfort about being filmed without warning, stating they would have prepared themselves if informed beforehand, highlighting the importance of consent.
  • A dialogue is initiated regarding a claim related to construction delays, with references to contractual obligations and the legal framework governing consumer rights.
  • The contract stipulates that deadlines may be violated under certain conditions, and compensation is outlined for such violations, including a penalty of 3% per day.
  • The speaker argues that any contractual terms contradicting consumer protection laws are invalid, allowing consumers to refuse contracts and demand refunds.
  • A dispute arises over changes made by the customer that allegedly increased project costs by 320,000 rubles, with claims of miscommunication and unauthorized alterations.
  • The conversation addresses the need for proper notification and documentation when changes are made to the construction project, emphasizing accountability.
  • The speaker insists on the importance of resolving conflicts through negotiation, suggesting a compromise to avoid legal proceedings and lengthy disputes.
  • A 10-day period is established for reviewing the claim, during which the involved parties can discuss potential resolutions and obligations.
  • The speaker highlights the absurdity of construction decisions made without proper consultation, stressing the need for clear communication and adherence to contractual agreements.

29:08

Customer Responsibilities in Contractual Agreements

  • The customer must understand their responsibilities and the implications of the contract they signed, which includes not disclosing the company's intellectual property or design documentation.
  • Design documentation is considered the company's intellectual property, and customers are prohibited from sharing or using it to replicate the designs without permission.
  • Customers should provide clear specifications, such as window heights, to avoid disputes; unclear communication can lead to dissatisfaction with the final product.
  • A recommendation for future contracts is to ensure clarity and detail to prevent misunderstandings, as well as to establish a formal communication channel for claims and issues.
  • A new service is being introduced to accompany customers during house purchases, aiming to prevent misunderstandings and ensure quality throughout the construction process.
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