Is it a breach of contract for the developer to temporarily use electricity when handing over the house?

At present, many developers have completed the delivery of many new buildings, and the electrical infrastructure is defective. The temporary electricity consumption of the infrastructure is delayed until the power supply company converts it into official residential electricity consumption, which makes the owners who live in suffer from temporary electricity consumption. Therefore, the developer's use of temporary electricity to deliver a house violates relevant laws and regulations, which not only damages the owner's own rights and interests, but also infringes on the interests of power supply enterprises.

Temporary electricity consumption refers to the drought and drainage in infrastructure construction sites, farmland capital construction, rural aquaculture and new electricity consumption in abnormal years, as well as other electricity consumption that needs to be set by the power sector. Generally, the power consumption time of newly added power supply shall not exceed 1 year.

Temporary electricity consumption does not include the periodic and seasonal electricity consumption installed by the power sector in agriculture, such as threshers, small electric pumps, black lights and other electrical equipment.

Clause 1 14 of the Contract Law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, or may agree on the calculation method of the compensation amount for losses caused by breach of contract. Therefore, liquidated damages are punitive, not based on the premise that the non-breaching party suffers losses.

Generally speaking, the upper limit of contract penalty is not more than 20% of the target. But if it is too high or too low, you can ask the court to reduce or increase it.

Interpretation of Contract Law (II) Article 29: If the parties claim that the agreed liquidated damages are too high and request an appropriate reduction, the people's court shall consider the actual losses, the performance of the contract, the degree of fault of the parties, the expected interests and other comprehensive factors, and make a ruling according to the principles of fairness, honesty and credibility.

If the liquidated damages agreed by the parties exceed 30% of the losses caused, it can generally be considered as "excessive losses caused" as stipulated in the second paragraph of Article 114 of the Contract Law.

Paragraph 2 of Article 1 14 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the court to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the court to reduce them appropriately. However, liquidated damages are an estimate of the possible losses caused by one party's breach of contract when signing the contract, which is not completely consistent with the actual losses of the observant party after breach of contract; Therefore, it can be decided by the judge. The law stipulates that liquidated damages not only exert psychological pressure on the parties, but also avoid the trouble of calculating the loss and proving the size of the loss after breach of contract, so that the parties can quickly determine their specific responsibilities. Therefore, if the parties need the court to increase the amount of breach of contract, or the liquidated damages are too higher than the losses, they need to bear the responsibility of proving the size of the losses.