Building law: Electrician refuses to continue

  • Erstellt am 2020-03-20 09:10:44

Alessandro

2020-03-20 12:09:16
  • #1


I say that I received the construction service description well before the final contract and all its changes, and it therefore no longer matched the house.
Then I always assumed that the entire electrical engineering was handled by the developer and that he priced the installation at 14,500,- and described it as high-quality. With this amount, quite a lot is possible, which is why I (foolishly) assumed that everything we had selected was included.

You can see that we assumed a lot, however, I do not understand why the electrician does not have to fulfill his duties according to VOB.
What if I cannot pay the additional 6,000 or possibly 20,000? Who benefits from that?

Now the electrician is holding out his hand and says he won’t continue unless we pay.
 

Alessandro

2020-03-20 12:10:53
  • #2
The standard 0815 construction service description is included with the general contractor. The additional costs are settled directly by the electrician with the customer. It's nowhere stated in the contract; I was surprised myself when I received the invoice yesterday (even though not everything is finished yet).
 

tumaa

2020-03-20 12:13:06
  • #3
Try to talk to him, maybe also agree in writing that the payments will be made later in installments or something like that.....if it is not possible otherwise.

With me, I told the electrician: please tell me in advance everything that costs more.
 

Zaba12

2020-03-20 12:15:36
  • #4
The construction service description remains valid nonetheless. You order via the electrician. Simple procedure, you must be aware that this costs money.
 

face26

2020-03-20 12:16:17
  • #5


Yes, and what do you want now? You have a contract that refers to a construction service description. It is pointed out that additional costs must be settled directly. So, there has already been a reference to possible additional costs. You assumed too much and now you are looking for a loophole. A formal error the craftsman made to push the price down or whatever. It was simply naive. Even beforehand. If I receive a standard offer and then say I want something different. Then it is naive to assume that it does not cost more. It’s bad for you. But that’s just how it is.
 

Joedreck

2020-03-20 12:32:01
  • #6
Again: why VOB?

The circumstances are as follows:

You made the contract with the developer. Included was the electrical work description with 1 fire point etc. The developer set his value for comparison at €14,500. You would have received that if you had completed the trade.
So contract relationship between you and the developer.
The developer commissions (according to the work description) the electrician.

So contract relationship number two between the developer and the electrician.

But this is not enough for you. You want more. You choose 44 additional sockets including space etc. You then send this by email to the electrician. Not as a request for an offer, but as an order.
He accepts the order. A contract for work and services arises according to the German Civil Code. The German Civil Code says if no price is agreed, a usual price applies. The German Civil Code says in a contract for work and services the craftsman owes the performance and you the payment.

So there were three completely independent contracts in this case. YOU made the electrician an offer for a contract about 44 sockets etc. HE accepted it.
He owes performance. He provided it. YOU owe payment. You did not make it because of ignorance. But you are fully legally capable. So the contract and the resulting obligations apply.
 

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