This reporter is Wang Zhou

Ms. Li, a citizen, did not expect that she was pretending to be in trouble when she renovated the open kitchen for the new house.

Previously, in order to decorate the new house, Ms. Li signed the "Residential Decoration Project Construction Contract" with a decoration company, and agreed that the decoration company would provide construction drawings such as design drawings and floor plans. The decoration company fulfills the contract.

“我們按照裝修公司的圖紙開工，誰能想到破壞了承重牆!”接到北京市朝陽區住建委發來的《責令改正通知書》，李女士感到很委屈，“加固承重牆花了9萬元，因為耽擱工期沒法按時搬家還得多租幾個月房，花了不少冤枉錢。”

與裝修公司協商不成，李女士訴至法院，要求裝修公司賠償承重牆加固費用、工程逾期違約金、房租損失共計11萬余元。該案經北京市朝陽區人民法院一審、北京市第三中級人民法院二審審結。

After trial, the Beijing No. 3 Intermediate People's Court held that the defendant, a decoration company, as a professional decoration agency, was responsible for providing design drawings and should have understood the overall structure of the house before designing. Especially when it comes to the demolition of walls, more attention should be paid to the load-bearing structure. However, in this case, the renovation company failed to provide sufficient evidence to prove that it had due diligence to understand the overall structure of the house, nor did it fulfill its obligation to provide sufficient reminders to the owner, so it should bear the corresponding liability for compensation for the losses caused by the destruction of the load-bearing wall.

On the other hand, although Ms. Li is not a professional, she should have fulfilled her duty of care and learned about the relevant situation from the property when the renovation process involved structural changes, and Ms. Li was also at fault. Considering the fault of both parties, the court divided the liability for compensation in accordance with the principle of fairness, and determined that the decoration company should bear 20% of the liability for compensation, and Ms. Li should bear 0% of the liability herself. "Article 6 of the Civil Code stipulates that civil entities engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. This is the basis for our application of the principle of fairness in the allocation of responsibilities. The judge in charge of the case, Zhang Wei, explained.

Quan Yiying, president of the Third Civil Division of the Beijing No. 3 Intermediate People's Court, said: "Decoration and decoration enterprises should strictly abide by the relevant regulations, and shall not issue illegal design plans such as demolition and modification of load-bearing walls without authorization, and fully remind and explain the relevant risks to the owners." If the violation results in a change in the main body of the building and the load-bearing structure, both parties may be liable. ”

People's Daily (11/0/0 0 Edition)