Building without a contract - Concerns?

At least these builders can rely on a contract if a lawsuit is filed. Without a contract, any lawyer would dismiss it.

A legally binding contract can also be formed without the word "contract" on paper as long as there are two matching declarations of intent. These do not even have to be in writing.

It is really far-fetched to assume that a lawyer would fundamentally refuse to represent or at least advise the OP on whether a legal dispute has a chance of success based on the circumstances described.

However, if the OP wants to assert claims (completion at time x, etc.) that are not regulated in the concluded contract, enforceability is probably poor. Why a lawyer should not still get paid for the attempt, however, is beyond me. Lawyers in Germany, as far as I know, are paid independently of the outcome.

All well and good. But in the worst case, one faces the decision to hire a lawyer, possibly sue, and risk costs, or not sue. And that's precisely where the question to the lawyer about the chances of success probably arises. And here, the owner of a written contract, where it clearly states in black and white which services the contractor has to provide by when and what consequences a failure to perform may have, is definitely at an advantage.

Incidentally, we were also able to reduce our purchase price by an amount x per overdue month without a lawyer, because it was clearly stated in the contract.

A legally binding contract also comes into existence without the word "contract" on paper as long as there are two matching declarations of intent. These do not even have to be in writing.

It is far-fetched that a lawyer would generally not represent the OP on the described basis or at least advise whether a legal dispute has a prospect of success.

However, if the OP wants to enforce claims (completion at time x, etc.) that were not regulated in the concluded contract, the enforceability probably looks bad. But I also don’t understand why a lawyer should not still be paid for the attempt. As far as I know, lawyers in Germany are paid independent of success.

I know that a contract can also be concluded without a written document and I do not question that at all – please read!

Nevertheless, the chances of success are zero (0) because the lawyer cannot rely on anything. No judge would accept that! With a contract, almost everything works without a lawyer because you can rely on one point in the contract and express a defect in writing!

With a contract, almost everything works without a lawyer because you can rely on a point in the contract and report a defect in writing!

But reality looks different; which is certainly also due to the fact that the defect itself is often disputed. And that is not regulated by the contract.

At least these builders can refer to a contract if sued. Without a contract, every lawyer would just dismiss it.

I know that a contract can also come into existence without a written document, and I'm not questioning that at all – please read!

Does Not Computer...

Nevertheless, the chances of success are zero (0), because the lawyer can base himself on nothing. No judge will go along with that!
With a contract, almost everything works without a lawyer, because you can refer to a point in the contract and express a defect in writing!

There is a contract!!! Offer + acceptance = two corresponding declarations of intent = contract!

The offer is even in writing with a description of construction services.

Legal basis VOB and/or (or only) building code

Where do you see a problem for a judge to assess the contract as such?

Why can't I claim services owed according to the offer/construction service description if they are not provided? Why can't a lawyer base himself on this legally binding contract but can on one where "contract" is written on the contract?

What exactly is not regulated? Payment schedule? If there is a detailed list of services, billing takes place according to construction progress or service provision.

Completion date? The OP does not want it fixed, there is flexibility.

What else should be regulated in addition if the builder is known? The color of the toilet cabin?

Which points do you think are still missing?