Picture: villas were beaten to death, and the interviewees provided
More than 3 million decoration funds into personal accounts
Mr. Yang spent nearly 20 million yuan on a villa at caddy Hoffe manor. Before decoration, in the communication, Qian Mou, the legal representative of Shanghai Yanyi architectural decoration design Engineering Co., Ltd., presented a business license with a registered capital of 5 million yuan, and a second-class qualification certificate for professional contracting of architectural decoration engineering issued by the Ministry of housing and urban rural development; Shen, the design director of research art decoration, claimed to be graduated from the Environmental Art Department of the Academy of fine arts of Tsinghua University, and is a national registered senior interior building He is the best designer in Chinas residential decoration industry in 2012, a well-known brand enterprise in Chinas residential decoration industry in 2013, and an excellent decoration and design enterprise in Shanghai in 2013 Research art decoration also took out a pile of industry honor.
Illustration: fake qualification certificate and industry honor
Illustration: both parties specially indicated in the contract that Yanyi decoration has the secondary qualification of architectural decoration engineering
Just half a year after the construction of the decoration, it was not until the water and electricity acceptance link that Mr. Yang and his wife paid a total of 3.675 million yuan for decoration three times at Qians request, and were designated to enter Qians personal account. But at this time, Mr. and Mrs. Yang did not even see the design and construction drawings and the water and electricity wiring diagram. However, the construction process is quite different from the requirements of the contract that all materials used must be accepted by the owner 7 days in advance, and the project must be informed of the owners acceptance in advance.
Demolishing the wall and changing the structure of the villa
In the Shanghai home decoration construction standard contract signed by Mr. Yang and Yan Yi decoration, it is clearly stipulated that: no right to change the original function of architectural design, and it is strictly prohibited to damage the bearing structure of the house. When signing the contract, Mr. and Mrs. Yang only saw the effect picture. They asked for design and construction and water and electricity drawings for many times, but the feasibility study art decoration was never given.
Illustration: it is clearly stipulated in the contract
On the morning of August 16, 2016, Mr. Yang received a phone call from the local demolition office and was told that the villa had been reported to be suspected of illegal construction and asked for rectification. Mr. Yang felt that the matter was serious. At 3:00 p.m. that day, he promptly sent a notice to Yan Yi Decoration Qian, proposing that the illegal places should be rectified and removed immediately, and the relevant expenses should be borne by Yanyi decoration, and the list of used materials and inspection report should be provided. Two days later, on August 18, the building was demolished by the relevant authorities.
The dilapidated building needs 900000 yuan to recover
Xinmin Evening News reporter came to the scene, a dilapidated villa was hidden in a half person high weeds, the ground was littered with broken construction waste, the facade doors and windows had been dismantled, and even the whole wall had disappeared, only the exposed reinforcement told the scenes tragic and desolate.
Illustration: the whole wall was demolished and the reinforcement was exposed
In each room, the reporter found that the painted walls had become damp and moldy. Due to the construction technology is not up to standard, the ceramic tiles in the bathroom are hollowed out, and they are peeled off. According to the construction technology, the wall decoration board of the living room should be fixed with wooden keel. The decorative board on the site can be directly fixed on the wooden wedge of the wall, which is easy to cause mildew and moisture on the wall surface, which is more likely to cause security risks. In the basement, pried off the ground, the ground floor of the heating pipe was not paved with silver geothermal reflection film, and the basement was not even well waterproof, and a lot of water leaked out in a short time.
Picture: the tile is empty and flaking
Illustration: there is no wood keel fixed on the decorative board, and no anti-corrosion treatment for the wooden wedge on the wall surface
Picture: there is no silver geothermal reflection film on the bottom of the geothermal water pipe
According to the appraisal of the third-party professional appraisal organization, the decoration of the property does have the following problems: the quality of tile hollowing; the waterproof quality of basement wall and floor; the wood base laminate and wood wedge are not treated with fire prevention and anti-corrosion treatment, and many structures of the house have been changed. According to the assessment, it needs at least 900000 yuan to restore the original state.
Fake, fake and fake are all fake, which have been put on file for investigation
In the subsequent investigation, as the truth came to the surface, Mr. Yang collapsed completely. Mr. Ge, the project manager of Yanyi decoration project, and Mr. Miao, the site manager, said: what we see in the company is a decoration contract of 1.5 million yuan, not 5.5 million yuan. It is a half contract rather than a contract for labor and materials. The price difference between the two contracts was as high as 4 million yuan. Originally, Qian wanted to put the difference of 4 million yuan into personal pocket, and the contract of 1.5 million yuan was forged. The reporter contacted Mr. Ge, one of the shareholders of Yanyi Decoration Co., Ltd., and the other party confirmed that what he saw was a contract of 1.5 million yuan. The company seal and financial seal were all controlled by Qian, so he could not know the inside information.
Illustration: appraisal report
According to the industrial and commercial information query, Yanyi decoration was established on February 9, 2015. The registration authority is Chongming branch of Shanghai Administration for Industry and commerce, with a registered capital of 2.5 million yuan. However, the business license provided by Yan Yi Decoration Qian to Mr. Yang is that the company was established on February 9, 2014. The registration authority is Shanghai Administration for Industry and commerce, and the registered capital is 5 million yuan. The registration authority is wrong, the registered capital is fictitious, the registration time is artificially one year ahead of schedule. Research art decoration has constituted the act of forging business license and has been punished by relevant departments.
Illustration: secondary qualification is forged
According to the investigation of Shanghai urban and rural construction and Management Committee, Shanghai Yanyi architectural decoration design Engineering Co., Ltd. has fabricated and forged the secondary qualification issued by the Ministry of housing and urban rural development. Even Qian Mou originally in order to fight for the contract and provided many honorary certificates, none of which is true. Whats more ridiculous is that Shen, the design director, is Qians wife, who is not graduated from Tsinghua University. The certificate of registered senior interior architect is also fake. The national permanent population information platform shows that she only has junior high school education. It is understood that Qian himself for forging the seal of state organs, has been criminal investigation by the public security organs.
Lawyers point of view
Tian Yuxiu, a lawyer from Shanghai tianyuxiu law firm, believes: Although this case is a home decoration contract, it is actually a construction contract including civil engineering. The decoration company has no secondary qualification for building contracting, and the completed project does not meet the requirements of relevant specifications. The decoration company has violated the relevant provisions of the construction law of the peoples Republic of China, and the construction contract signed with the owner can be deemed invalid Contract. The owner can claim to the decoration company to restore the original state and compensate for the loss according to law. After signing the contract, the companys legal representative transfers the contract money to the private account, which is obviously abusing the independent status of the legal representative and will bear joint and several liability. The lawyer suggested: the owner who needs decoration must confirm whether the decoration qualification of the decoration company is true and effective through the official channels such as the Ministry of housing and urban rural development; even if the decoration company is entrusted to carry out the construction, he must often be on site to supervise the construction, so as to avoid the consequences such as the project quality not conforming to the contract and the construction delay.