ypg
2019-08-12 15:08:27
- #1
Construction contract with a guaranteed fixed lump sum price
What applies here is stated in the fine print. There is no need to argue about that here or on the construction site.
I now see the problem more as one of hardened positions due to poor communication or misunderstandings.
Something must have happened on December 17 or between December 17 and the dismantling of the scaffolding that caused the contractor to act in a way that he dismantled the scaffolding. Or even earlier overall.
For the lawyer, this is of course a lucrative source of income now. Because I stick to my statement in #97... the lawyer is naturally doing his job, since he is not involved in the previous communication and behavior.
Hiding behind the supposedly "small costs" and stubbornly insisting on one’s rights, although one has already made many mistakes before signing the contract, is simply wrong. You must also differentiate: between construction defects and your own mistakes. It seems to me that now a big clean-up is being done, and from your or the lawyer’s perspective, the contractor is 100% to blame.
And if the settlement now says that you cannot insist on your fixed price regarding earthworks and the property (and spontaneous additional costs due to the soil may possibly be included... I do not know), then one will say:
Banana republic...