不锈钢电梯门套:“门框”和“门套”到底有啥区别
近日,昆山市人民法院审结了一起因“门框”和“门套”概念争议引发的建设工程施工合同纠纷,承办法官以严谨的事实梳理和专业的法律判断,厘清了双方权利义务,使案件得以圆满解决。
Recently, the People's Court of Kunshan City concluded a construction contract dispute arising from a dispute over the concepts of "door frame" and "door frame". The presiding judge used rigorous factual analysis and professional legal judgment to clarify the rights and obligations of both parties, resulting in a successful resolution of the case.
项目落地,争议悄然埋下
Project landing, controversy quietly buried
2021年6月,某电梯公司与某建设公司签订了《设备安装合同》和《设备销售合同》,约定由电梯公司负责某小区项目26台电梯的采购与安装工作,两份合同总价款为470万元。2024年1月,涉案26台电梯获得特种设备使用登记证并投入使用。
In June 2021, an elevator company signed an "Equipment Installation Contract" and an "Equipment Sales Contract" with a construction company, agreeing that the elevator company would be responsible for the procurement and installation of 26 elevators for a residential project, with a total contract price of 4.7 million yuan. In January 2024, 26 elevators involved in the case obtained special equipment registration certificates and were put into use.
项目完工后,争议却随之而来。电梯公司表示已如约完成全部安装义务,要求建设公司支付安装尾款。建设公司则提出异议,称电梯公司并未依约安装“厅门门框”,其只能后续另行委托案外人某门窗厂进行安装,故拒绝支付尾款。
After the completion of the project, disputes followed. The elevator company stated that it has fulfilled all installation obligations as agreed and requested the construction company to pay the final payment for the installation. The construction company raised objections, stating that the elevator company did not install the "hall door frame" as agreed, and could only entrust a third-party door and window factory to install it later, therefore refusing to pay the final payment.
双方协商无果,电梯公司于2024年底诉至法院,要求建设公司支付安装尾款约48万余元并支付利息、违约金。建设公司提则起反诉,要求电梯公司支付其另行发包产生的费用40余万元。庭审中,双方争议集中在:电梯公司是否完成了合同约定的全部安装义务?建设公司表示:双方《设备安装合同》附件中明确包含“门框”,其技术规格表述为“厅门、门框装修:发纹不锈钢材质厅门若干;门框:标准门框”,电梯公司并未安装该部分。电梯公司表示,合同中约定的“门框”是电梯标准化的出厂配件,其已实际安装并交付;建设公司所称未安装部分实为“门套”,但门套并不在双方合同约定的施工范围内。
Both parties failed to reach an agreement, and the elevator company filed a lawsuit with the court at the end of 2024, demanding that the construction company pay the final installation payment of about 480000 yuan, as well as interest and liquidated damages. The construction company has filed a counterclaim, demanding that the elevator company pay more than 400000 yuan for the additional costs incurred from the contract. During the trial, the dispute between the two parties focused on whether the elevator company had fulfilled all the installation obligations stipulated in the contract? The construction company stated that the "door frame" is explicitly included in the attachment of the "Equipment Installation Contract" between both parties, and its technical specifications are described as "hall door and door frame decoration: several hall doors made of textured stainless steel material; door frame: standard door frame". The elevator company did not install this part. The elevator company stated that the "door frame" specified in the contract is a standardized factory accessory for elevators, which has been actually installed and delivered; The construction company claims that the uninstalled part is actually a "door frame", but the door frame is not within the construction scope agreed upon in the contract between the two parties.
一字之差,引发专业概念之争
One word difference triggers a debate over professional concepts
“门框”与“门套”究竟是不是同一“部位”?为辨明这一专业概念问题,承办法官广泛查询资料,深入了解建筑领域的专业知识。依据《建筑门窗术语标准》及相关建筑设计规范,“门框”是固定门扇的一种支撑结构,通常隐藏在门扇和门套里面,从外部不易直接看到;而“门套”则是用于遮盖门框与墙体缝隙、保护墙角的装饰构件,通常与室内墙面平齐或者略微突出,在电梯外部直接可见。两者在名称、功能、安装位置上均存在明显差异。
Is the "door frame" and "door frame" the same "part"? To clarify this professional concept issue, the presiding judge extensively searched for information and gained a deep understanding of the professional knowledge in the field of architecture. According to the "Standard Terminology for Building Doors and Windows" and related architectural design specifications, "door frame" is a supporting structure for fixing door leaves, usually hidden inside the door leaf and door frame, and not easily visible from the outside; The "door frame" is a decorative component used to cover the gaps between the door frame and the wall, and protect the corners of the wall. It is usually flush with or slightly protruding from the interior wall and can be directly seen outside the elevator. There are significant differences between the two in terms of name, function, and installation location.
涉案电梯生产商向法院出具了《情况说明》,详细阐释技术规格中的“门框”为5cm宽标准门框,是电梯门扇与电梯门洞固定的框架部分,与装饰性门套有明显区别。
The elevator manufacturer involved in the case issued a "Statement of Situation" to the court, detailing that the "door frame" in the technical specifications is a 5cm wide standard door frame, which is a fixed frame part between the elevator door leaf and the elevator door opening, and is significantly different from decorative door frames.
值得注意的是,建设公司虽称另行委托某门窗厂安装完成案涉“门框”,但在其提交的相关采购合同中,产品名称明确为“电梯门套”,而非“门框”。
It is worth noting that although the construction company claimed to have separately commissioned a door and window factory to install the "door frame" involved in the project, in the relevant procurement contract it submitted, the product name was clearly stated as "elevator door frame" rather than "door frame". ?
综合以上信息,可以明确:在建筑与装饰装修领域,“门框”与“门套”虽仅一字之差,却是两个截然不同的概念。结合双方陈述及现场照片等证据,能够确定建设公司认为电梯公司未安装的厅门“门框”实际为电梯门套。
Based on the above information, it can be clarified that in the field of architecture and decoration, "door frame" and "door frame" are two completely different concepts, although they differ only by one word. Based on the statements of both parties and evidence such as on-site photos, it can be determined that the hall door "door frame" that the construction company believes was not installed by the elevator company is actually an elevator door frame.
深入审查,明确合同约定
Thoroughly review and clarify the contractual provisions
焦点Jiao Dian核心概念已明晰,法院审理的焦点在于:电梯门套是否属于双方合同约定的施工范围?
The core concept of Jiao Dian has been clarified, and the focus of the court's trial is whether the elevator door frame falls within the construction scope agreed upon in the contract between the two parties?
在双方于2021年6月所签订合同附件中,对候梯厅门的技术规格均采用“门框”表述,并未提及门套相关内容,施工图纸中也未标注有关门套的信息。
In the annex of the contract signed by both parties in June 2021, the technical specifications for the elevator hall door were expressed as "door frame", without mentioning the relevant content of the door frame. The construction drawings also did not indicate any information about the door frame.
电梯公司向法院提交的微信聊天记录显示:2022年8月,建设公司项目负责人曾向电梯公司项目负责人发送补充图纸及一份第三方报价单,其中明确列有“厅门大门套”一项并单独报价,这表明门套不属于原合同范围,需单独约定和计价。且门套部分价格较高,建设公司主张门套包含在电梯公司施工范围内,但却未在合同中进行明确约定,明显不符合交易常理。
The WeChat chat records submitted by the elevator company to the court show that in August 2022, the project leader of the construction company sent supplementary drawings and a third-party quotation to the project leader of the elevator company, which clearly listed the item of "hall door frame" and quoted separately. This indicates that the frame is not within the scope of the original contract and needs to be separately agreed upon and priced. And the price of the door frame is relatively high. The construction company claims that the door frame is included in the construction scope of the elevator company, but it is not clearly stipulated in the contract, which obviously does not conform to the common sense of the transaction.
在仔细审查双方提交的各类证据后,承办法官结合案件实际情况,认定电梯门套不属于电梯公司的合同施工范围。电梯公司已履行了供货安装义务,涉案电梯验收合格并投入使用,付款条件已达成,建设公司理应按照合同约定支付安装款。
After carefully reviewing the various evidence submitted by both parties, the presiding judge determined that the elevator door frame did not fall within the scope of the elevator company's contract construction based on the actual situation of the case. The elevator company has fulfilled its supply and installation obligations, and the elevator involved has been accepted and put into use. The payment terms have been met, and the construction company should pay the installation fee according to the contract.
最终,法院判决被告建设公司支付原告电梯公司剩余工程款48万余元及违约金,驳回原告的其他诉讼请求;同时驳回反诉原告建设公司的全部反诉请求。一审宣判后,被告不服提起上诉,二审法院判决驳回上诉,维持原判。
In the end, the court ruled that the defendant construction company should pay the remaining project funds of over 480000 yuan and liquidated damages to the plaintiff elevator company, and rejected the plaintiff's other claims; Simultaneously reject all counterclaim requests from the plaintiff, Construction Company. After the first instance verdict, the defendant appealed and the second instance court rejected the appeal and upheld the original verdict.
这场因“门框”与“门套”概念混淆引发的纠纷,在法院的公正审理下得以妥善解决,既依法保障了电梯公司的合同权益,也促使建设公司明晰自身责任,正视并承担管理疏漏带来的后果。
The dispute caused by the confusion between the concepts of "door frame" and "door frame" was properly resolved under the fair trial of the court, which not only protected the contractual rights and interests of the elevator company in accordance with the law, but also prompted the construction company to clarify its own responsibilities, face up to and bear the consequences of management negligence.
该案再次警示建筑行业:精准表述合同条款、逐项确认技术规范以及过程留痕管理,是防范争议、控制成本、保障工期的重要举措。各市场主体在缔约、履约及结算全过程中,应从源头杜绝因概念含混、沟通失真而产生的履约风险,避免不必要的纠纷,共同营造规范、透明、可预期的建筑市场秩序值得注意的是,建设公司虽称另行委托某门窗厂安装完成案涉“门框”,但在其提交的相关采购合同中,产品名称明确为“电梯门套”,而非“门框”。
This case once again warns the construction industry that precise expression of contract terms, confirmation of technical specifications item by item, and process tracking management are important measures to prevent disputes, control costs, and ensure project completion. During the entire process of contracting, performance, and settlement, all market entities should eliminate performance risks caused by vague concepts and distorted communication from the source, avoid unnecessary disputes, and jointly create a standardized, transparent, and predictable construction market order. It is worth noting that although the construction company claimed to have entrusted a certain door and window factory to install the "door frame" involved in the case, the product name was clearly stated as "elevator door frame" instead of "door frame" in the relevant procurement contract it submitted. ?
综合以上信息,可以明确:在建筑与装饰装修领域,“门框”与“门套”虽仅一字之差,却是两个截然不同的概念。结合双方陈述及现场照片等证据,能够确定建设公司认为电梯公司未安装的厅门“门框”实际为电梯门套。
Based on the above information, it can be clarified that in the field of architecture and decoration, "door frame" and "door frame" are two completely different concepts, although they differ only by one word. Based on the statements of both parties and evidence such as on-site photos, it can be determined that the hall door "door frame" that the construction company believes was not installed by the elevator company is actually an elevator door frame.
深入审查,明确合同约定
Thoroughly review and clarify the contractual provisions
焦点Jiao Dian核心概念已明晰,法院审理的焦点在于:电梯门套是否属于双方合同约定的施工范围?
The core concept of Jiao Dian has been clarified, and the focus of the court's trial is whether the elevator door frame falls within the construction scope agreed upon in the contract between the two parties?
在双方于2021年6月所签订合同附件中,对候梯厅门的技术规格均采用“门框”表述,并未提及门套相关内容,施工图纸中也未标注有关门套的信息。
In the annex of the contract signed by both parties in June 2021, the technical specifications for the elevator hall door were expressed as "door frame", without mentioning the relevant content of the door frame. The construction drawings also did not indicate any information about the door frame.
电梯公司向法院提交的微信聊天记录显示:2022年8月,建设公司项目负责人曾向电梯公司项目负责人发送补充图纸及一份第三方报价单,其中明确列有“厅门大门套”一项并单独报价,这表明门套不属于原合同范围,需单独约定和计价。且门套部分价格较高,建设公司主张门套包含在电梯公司施工范围内,但却未在合同中进行明确约定,明显不符合交易常理。
The WeChat chat records submitted by the elevator company to the court show that in August 2022, the project leader of the construction company sent supplementary drawings and a third-party quotation to the project leader of the elevator company, which clearly listed the item of "hall door frame" and quoted separately. This indicates that the frame is not within the scope of the original contract and needs to be separately agreed upon and priced. And the price of the door frame is relatively high. The construction company claims that the door frame is included in the construction scope of the elevator company, but it is not clearly stipulated in the contract, which obviously does not conform to the common sense of the transaction.
在仔细审查双方提交的各类证据后,承办法官结合案件实际情况,认定电梯门套不属于电梯公司的合同施工范围。电梯公司已履行了供货安装义务,涉案电梯验收合格并投入使用,付款条件已达成,建设公司理应按照合同约定支付安装款。
After carefully reviewing the various evidence submitted by both parties, the presiding judge determined that the elevator door frame did not fall within the scope of the elevator company's contract construction based on the actual situation of the case. The elevator company has fulfilled its supply and installation obligations, and the elevator involved has been accepted and put into use. The payment terms have been met, and the construction company should pay the installation fee according to the contract.
最终,法院判决被告建设公司支付原告电梯公司剩余工程款48万余元及违约金,驳回原告的其他诉讼请求;同时驳回反诉原告建设公司的全部反诉请求。一审宣判后,被告不服提起上诉,二审法院判决驳回上诉,维持原判。
In the end, the court ruled that the defendant construction company should pay the remaining project funds of over 480000 yuan and liquidated damages to the plaintiff elevator company, and rejected the plaintiff's other claims; Simultaneously reject all counterclaim requests from the plaintiff, Construction Company. After the first instance verdict, the defendant appealed and the second instance court rejected the appeal and upheld the original verdict.
这场因“门框”与“门套”概念混淆引发的纠纷,在法院的公正审理下得以妥善解决,既依法保障了电梯公司的合同权益,也促使建设公司明晰自身责任,正视并承担管理疏漏带来的后果。
The dispute caused by the confusion between the concepts of "door frame" and "door frame" was properly resolved under the fair trial of the court, which not only protected the contractual rights and interests of the elevator company in accordance with the law, but also prompted the construction company to clarify its own responsibilities, face up to and bear the consequences of management negligence.
该案再次警示建筑行业:精准表述合同条款、逐项确认技术规范以及过程留痕管理,是防范争议、控制成本、保障工期的重要举措。各市场主体在缔约、履约及结算全过程中,应从源头杜绝因概念含混、沟通失真而产生的履约风险,避免不必要的纠纷,共同营造规范、透明、可预期的建筑市场秩序
This case once again warns the construction industry that precise expression of contract terms, confirmation of technical specifications item by item, and process tracking management are important measures to prevent disputes, control costs, and ensure project completion. During the entire process of contracting, performance, and settlement, all market entities should eliminate performance risks caused by vague concepts and distorted communication from the source, avoid unnecessary disputes, and jointly create a standardized, transparent, and predictable order in the construction market
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