Builder's legal protection insurance - Signing the construction contract

  • Erstellt am 2020-10-14 10:19:46

Snowy36

2020-10-14 15:57:27
  • #1
It is not 100,000 euros in damages that are reimbursed to you, but for example the insurance pays you the 12,000 euro lawyer's fees if you lose the lawsuit ... you still have the damage .... and if you win then the opponent pays these costs anyway ... One should just not confuse that ...
 

Tolentino

2020-10-14 15:58:04
  • #2
Yes, but that is the case with every RS.
 

Snowy36

2020-10-14 16:20:43
  • #3
Ok then I'll put it differently ... for us the insurance would have cost 3,500 euros because of the sum insured. They couldn't take it out because the opening clause didn't exist back then.

The OP did ask which insurances are a must ...

If the house isn't completely wrecked: I win... and even if you get a bigger problem it might cost 15,000 —> I’m stuck with 11,500 euros (because I would have paid the 3,500 to the insurance) ... no ruin.... therefore at most

Better sleep with the insurance ...

Which is also worth something ..

But that it comes to such a big dispute, that you are on the winning side: only the case if the house is completely uninhabitable ... which of course can happen ....

But then there is the clause with the coverage commitment... if the insurance sees no chance to win the case it won't give you clearance. But if the chances to win are good, then you don’t need insurance either?!

Therefore everyone has to weigh it up for themselves.
 

Tolentino

2020-10-14 16:29:39
  • #4
Okay, it's certainly not an absolute must. But I still think it's quite good to know that I don't have to put up with every nonsense a general contractor/general builder comes up with. I believe many builders tolerate certain defects simply because they don't have money for a lawyer, expert opinions, etc. Many general contractors know this and therefore initially play hardball. However, when lawyer's letters come right after deadlines are set for uncorrected defects, the ball is played back. Many GCs then take action when they realize that the poor builder doesn't just swallow everything because he has to, but that he actually has backup. And: less aggressively: [Die Örag bietet auch kostenlose Mediationsverfahren an.] There are certainly cases where the relationship is disturbed by trivialities. And both sides don't approach each other anymore because they think they are being taken advantage of. In such cases, a mediation process with an experienced mediator can really help.

3500 EUR seems quite steep to me. Of course, it may be that high due to your construction sum, but for me it's barely half...
 

ypg

2020-10-14 17:17:11
  • #5

One forgets: the insurance checks whether it is worthwhile to sue. Or whether mediation seems sensible, that is, leads to success.
They also reject trivialities: everyone must let reason prevail before suing.
Of course, this does not apply in cases of incorrectly installed fittings so that the shower does not drain... in that case, a lawsuit is worthwhile. ARAG covers 10,000 in lawyer and court costs. Have you ever thought about what 10,000 actually are? A good craftsman or self-employed tradesman loses it on one A*-cheek, a bad one has probably already declared insolvency.
Insurances are good! But always calculate whether the benefits provide what you hope for.
 

Isokrates

2020-10-14 17:19:11
  • #6


Unfortunately, these companies that produce defects en masse and do not fix them no longer care at all about an attorney's letter.

There is a pretty good documentary on this topic by ZDF now; just search in the media library for "Pfusch am Bau - Abenteuer Eigenheim." One could question whether some builders are a bit naive, but what some companies accomplish nowadays is shocking and shameful that such things happen in Germany.

The construction companies leave it up to the courts, which are already completely overloaded anyway, because most give up beforehand due to money or nerves. There are also always good articles on this in various newspapers.
 

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