Building law: Electrician refuses to continue

Dear forum,

the following situation:
We are building with a developer, with whom we have (more or less) accepted a lump sum offer.
The electrical work is described as follows:

The electrical installation starts from the house connection box and is carried out according to VDE and EVU regulations. In all rooms, the supply lines are installed flush-mounted. Switches and sockets in the living rooms are also installed flush-mounted. Several standard switches and sockets are available for selection. Brand Gira, pure white or equivalent.

5.2 Electrical installations All light points and sockets in the rooms, telephone connections, antenna cabling in sufficient execution and number. Intercom system in the hallway on the ground floor and upstairs. The number of sockets, lamp outlets, etc. can be found in the attached performance description of the electrical installer.

I received the standard specification of the electrician in October 2018 by email as a cost estimate from the developer.
The electrician’s offer to the developer is really standard: 1x ceiling outlet for lamp, 5 sockets, switches etc. per room.
We had already decided in advance that we wanted recessed ceiling spotlights in halogen boxes, which were then executed as planned.
In a separate cost statement from the developer, which we received as an overview of the individual trades, it stated: High-quality electrical installation €14,500!
This cost statement was only intended as a guideline and was not binding at any time.

Then I sent my plans for the electrical installation directly to the electrician. These of course included much more than in his standard offer to the developer.
However, we always assumed that due to the “high-quality electrical installation amounting to €14,500,” we had a certain leeway here and that the electrician would contact us during the measurement if it got too expensive. On the electrician’s advice, motion detectors were installed instead of switches, additional cross switches were chosen for comfort, and a total of 44 additional sockets.
The electrician at no time informed us about additional costs or pointed them out to us. Neither when discussing the electrical plan nor during measurement!

Yesterday the electrician came with an additional invoice of more than €6,000 for this additional service and simultaneously informed us that he would not continue as long as we do not transfer the amount.

We are moving in on April 1 and neither the heat pump is connected nor the switch and socket covers installed.

My questions:
Is the electrician allowed to simply stop his work?
Is he allowed to charge additional costs although he never announced them?
In my opinion, there should have been at the latest after the change with the ceiling spotlights and the electrical plan I sent a cost estimate or a new offer.

I feel downright ripped off and blackmailed.

I am really only interested in the legal situation here. What can I do?

Best regards Alex

Can he, why not? There is no leeway in the construction service description, everything that comes on top additionally must also be paid on top. You expanded the construction service description and thus received an additional invoice. This is called Aufmusterung. He also doesn’t have to inform you about additional costs. That would have been your responsibility before the order expansion.

High-quality electrical installation 14,500 euros! This cost estimate was only meant as a guideline and was never binding at any time. Then I sent my plans for the electrical installation directly to the electrician. Of course, they included much more than in his standard offer to the builder.

So the standard was commissioned as a "high-quality electrical installation" at €14.5k. Afterwards, you ordered additional services, which the electrician naturally expects to be paid for.

However, we always assumed that, due to the "high-quality electrical installation amounting to €14,500," we would have some leeway and that the electrician would get in touch during the measurement if it became too much.

Assuming that sounds naive. The construction service description stated what you ordered and will receive. Deviations from that cost money. And the electrician explicitly received the order from you to "additionally install this and that!" Book it under "lesson learned." The only way out of this is by paying the invoice.

Then I sent my plans for the electrical installation directly to the electrician. They of course included much more than in his standard offer to the builder.

Hello Alessandro

this sentence says it all. You ordered "much more" than what the offer included. Therefore, you also have to pay for this "much more."
Sure, the electrician could have told you that it would also cost "much more."
But you could also have asked him whether the price would remain at 14,500 euros or if it would be "much more."

Steven

I do not know if it is that simple in this case. The VOB provides the following in §2: (5) If the basis of the price for a service specified in the contract is changed by altering the construction design or other instructions from the client, a new price must be agreed upon taking into account the additional or reduced costs. The agreement should be made before execution. (6) If a service not specified in the contract is demanded, the contractor is entitled to special remuneration. However, he must notify the client of the claim before beginning to execute the service.

I really feel ripped off and blackmailed.

It is possible that the electrician feels the same way. His point of view: He has a customer who ordered and does not want to pay.

I am really only interested in the legal situation here. What can I do?

You ordered and you also have to pay. There is no obligation to make an offer.

The electrician has at no time informed us about additional costs or pointed them out to us. Neither when discussing the electrical plan, nor when measuring!

Where will we end up if a private customer no longer even bears the responsibility to ascertain for himself what something costs.