A potential lawsuit against my construction project is looming! What now?

  • Erstellt am 2019-02-20 15:11:15

Tommy77

2019-02-20 18:13:21
  • #1
Hello, I don’t think my construction project can be stopped by neighbors. I have read a bit on the internet. Especially since there is also financing with interest involved, or rather the readiness period. If it does happen, I would assert claims for damages against the building authority. Provided everything has been legally correct, also from the former owner. As far as I understand, the deadline for revoking the construction project has been extended, but not the construction itself. The authority would hold meetings in a committee in case of a revocation and normally reject the neighbors' objections. If they then disagree, they would have to sue before an administrative court, the next instance. However, this involves costs, and in case of defeat I can also claim damages if this causes delays. Apparently there are now expedited procedures. I do not want to rush anything here, and not ask these neighbors either but proceed tactically. After today’s consultation with the developer, the building application will be submitted in about 2 weeks, and I am to get everything from the building authority in writing, with whom I have an appointment on Friday.
 

11ant

2019-02-20 18:36:12
  • #2
"With the developer"... - who half-heartedly doesn't want to be one :-( I stick to the core message: 2. this will be manageable; 1. not with the internet instead of a lawyer
 

ypg

2019-02-20 18:36:20
  • #3




Bought or not?



This construct, whether the developer or you is the builder, I still don’t get. All I can say is: the builder submits the building application. If you are the builders, you also sign it. The developer\general contractor just completes the documents.

Regarding the neighbors willing to sue: to me, that only reads as “hearsay” for now.
Someone says that x and y wouldn’t be happy... It’s easy to say one will sue. It’s also easy to say “I’ll eat a broom” or “I won’t allow it”, “over my dead body,” etc. When it comes to action, no one speaks up anymore.
So just wait.
Nevertheless, I agree with 11ant: a specialized lawyer can quickly bring clarity to the obscure paperwork.
 

11ant

2019-02-20 18:50:49
  • #4
The first clarity comes from concrete own conversations with the neighbors – including those who themselves would not count as entitled to sue: the entitled parties can say whether and, if so, why they would want to sue; if all say no, then a "general practitioner" lawyer is sufficient, waiving legal remedies is not rocket science. The "other" neighbors (from the area, or just tenants) could at least shed some light on the background: "Willi is angry, the previous owner promised him the land for the children" or "he pissed Horst off once, his garage is 10 cm too high". Depending on how things develop, you can then see whether later an administrative or construction law specialist would be the right expert.
 

Caspar2020

2019-02-20 20:01:23
  • #5


Legally not an argument.



A lawyer specializing in construction law would be tactically the best.
 

Tommy77

2019-02-20 20:08:55
  • #6
That is all correct. The developer prepares it, I sign it and submit it to the building authority. This will happen in 2 weeks. What the building authority then does, I cannot say for sure, but legally there is a positive preliminary building permit - regardless of the neighbors' omission and the associated deadline for an objection. I will probably find out more on Friday and maybe I will be informed that in the event of an objection the chances for the plaintiffs will be slim, if it comes to that. Of course, I am afraid that the authority might say the chances in a lawsuit are good because of this or that. Which I do not really believe. Besides, I assume that an objection would have been filed long ago if someone was serious about it. A "I'll consider it" is, as already said, somewhat ridiculous.
 

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