Compensation standard of liquidated damages for property service contract disputes

If the owner has any violation of the property contract, then he needs to pay a certain penalty in accordance with the relevant regulations. The size of the general liquidated damages should be agreed by the owner and the property company before. If it is not stipulated before, the arbitration institution can make an award, but generally it does not exceed 30% of the contract price.

1. What is the standard of liquidated damages for property contracts?

According to the law, the parties to a contract may agree to pay a certain amount of liquidated damages to the other party when one party breaches the contract, and may also agree on the calculation method of the amount of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Second, matters needing attention in signing the property management contract

1. Entrusted project

What management services should be entrusted should be written down item by item. Such as "maintenance, conservation and management of building construction parts"; "Maintenance, conservation, operation and management of facilities and equipment"; "Environmental sanitation" and so on. The most important service items entrusted by property management are public and should be stipulated item by item; At the same time, which projects are allowed to be subcontracted by property management enterprises, and the principle requirements and restrictions of subcontracting should also be clear.

2. The specific content of each entrusted project

The specific content of each entrusted project should be clearly stated, and the more detailed the better. For example, the maintenance, conservation and management of common parts of buildings, the project contents include: which parts of the ground, roof, external wall and load-bearing structure are included in environmental sanitation, which parts are entrusted and which are not entrusted.

In the specific content of some entrusted projects, there are great differences between different owners and different types of properties. These differences and distinctions should be clearly stipulated in the contract negotiation, except in the tender. For example, the military and some units are very different from ordinary residential areas and office buildings in the specific content of the entrusted projects of "security services".

3. Service quality and standards

The management service quality standard of the specific content of each entrusted project should be quantified as much as possible on the qualitative basis. This quantification standard has two levels, one is the quantification of workload, and the other is the quantification of quality inspection and evaluation standards. For example, cleaning garbage once a day or once every two days is the quantification of workload; Environmental sanitation and cleanliness standards belong to quality inspection and evaluation standards. When defining quality standards, we should pay attention to using less or no vague words, such as "cleanliness", because it is difficult to make an accurate judgment about cleanliness.

Now many property service contracts are inaccurate when they are signed. In this regard, China Institute of Property Management issued the Grade Standard of Property Management Service for Ordinary Residential Quarters (Trial), and local administrative departments also issued the Grade Standard of Property Management Service, which can be used as a reference and basis for contract negotiation and signing.

4. Management and service costs

Under the above management service content and quality standards, the corresponding reasonable costs or expenses should be charged for each entrusted project. Property management services are graded, and the fees of different grades vary greatly. After defining the entrusted project, specific content and quality standard, the determination of cost is often the focus of debate and bargaining between the two sides. When determining the reasonable cost, detailed content calculation and horizontal comparison are needed. Whether it is the contract system or the gratuity system, both parties should make some calculations and comparisons. The guidance price issued by the local price bureaus should be used as a reference. The scale and composition of each property area are different, and the final charging standard should be discussed and determined in detail.

5. Provisions on rewards and punishments for property management enterprises

Party A and Party B entrusted by the property management should strive for a win-win result. In the negotiation of property service contract, there should be corresponding reward and punishment clauses for the work of property enterprises. At present, there are some punitive clauses in various laws and regulations for the illegal, illegal and breach behaviors of property management enterprises, and for the losses or damages caused to the owners by their irresponsible work or mistakes, but there are few incentive clauses for property management enterprises. Some local governments agree in principle that the property service fee will rise by 10%~25% if the property management has won the national or provincial/municipal excellent (demonstration) residential quarters, but it has not been really implemented and it is difficult to implement it. Considering that it is not appropriate for the government to make provisions by comparison, during contract negotiation, the owners can set up some incentive clauses to encourage property management enterprises and their employees to do property management services well. For example, owners can set up owners' incentive funds to reward employees for their deeds or outstanding performance; In the case of contract gratuity system, if the property management enterprise does a good job in management services, its property service expenditure will be greatly saved, and the contract gratuity can be appropriately increased.

To sum up, the owner violates the property contract and needs to pay liquidated damages in accordance with relevant regulations. The standard of liquidated damages should be based on the agreement in the previous property contract. If the size of the liquidated damages is not specified before, it should be decided by the arbitration institution, but it generally does not exceed 30% of the property fee.