Claim under VOB without construction contract

Hello,

I laid tiles for a company on their order, without concluding a written contract. I always thought that an oral contract according to VOB is also valid. Now the company has withheld the 5% security deposit, but did not properly deposit it into a blocked account. A few years have passed since then. My verbal warnings have had no effect. Now I want to sue for the repayment of the security deposit. However, my lawyer says I hardly have a chance without a written contract. Has anyone had such experiences?

Thank you.

Thomas

What are a few years? After 4 years the issue is settled and even the last cent is due.

I have issued some invoices in 2013 and 2014.

Here, it is usually owner-builders who are active and less craftsmen, certainly not craftsmen who have received the order from a [GÜ/Bauträger].

In the best case, a [RA] can comment on this.

In the worst case, you will get your money only in 2017/2018.

So... I'll keep it short: If the company puts up a fight: write off the money. Of course, oral contracts are also valid... but you don't have a tape recording, do you? What I'm getting at is: oral contracts are hard to prove. In your case, the contract for work applies according to the Building Code, and the client can also claim withholding for "minor defects." I know I'll never become your friend with this answer, but next time remember the old, tried and tested saying: "Who writes, stays."

ok, thank you very much, I am probably really in the wrong place here. I have been searching for almost an hour on how to delete my profile here and can’t find anything. Can you give me a tip? Thanks
Regards, Thomas