Construction progress: Duplex with WU basement and developed attic

  • Erstellt am 2021-01-04 14:44:59

Tolentino

2021-04-21 21:16:02
  • #1
No, you are doing it again. Bruce Lee says: Be water my friend!

Actually, "Ente" already refers to the female duck bird. An example of the generic feminine.
 

Hausbau0815

2021-04-21 21:25:30
  • #2
Adaptability and patience are not my strengths. On the other hand, I don't want to be adaptable at all. Why should I? To go along with the crowd and not cause any trouble? Not my thing.
 

Hausbau0815

2021-04-21 21:35:02
  • #3
You are right about the duck. I just googled it. Learned something new again.
 

Hausbau0815

2021-04-22 18:05:58
  • #4
Now I have a question: does anyone know about contract withdrawal? My lawyer favors this because it clarifies the positions. I have reservations because with the withdrawal I lose all claims for defect remediation and damages and therefore tend towards termination for good cause. That’s also possible, the lawyer says, but it will take longer. According to the new construction law since January 2018, in case of withdrawal I get all payments made back, but have to pay for the work performed, which in turn is reduced by the defects. Now it depends on who determines this reduction of defects. The lawyer is of the opinion that the general contractor would have to repay everything in full, since everything is a mess. I have doubts about this because the expert might see it completely differently. However, the general contractor would be obliged to prove that it is okay. In the case of termination for good cause, which definitely applies to me under these circumstances, I bear the burden of proof but retain my claims and the general contractor must pay the additional costs of completion by third parties. Of course, the question in both cases is whether the general contractor will pay at all.
 

Tarnari

2021-04-22 20:41:28
  • #5
Phew... probably no one can answer this for you here. In the end, you take a lawyer for it, as you have done. My €50,000 lawyer/court cost experience including loss of real estate has taught me that in the end it always depends on the judiciary. It's like poker. Having the right and getting the right are sometimes unfortunately far apart. You can probably only listen to your lawyer and go with your gut. Whether it works or fails, you will unfortunately only find out afterwards... :(
 

WingVII

2021-04-22 21:01:27
  • #6
Botch is not always just botch. If a botched residential building is still habitable, the contractor is entitled to a larger portion of the agreed amount. I know of a ruling where a judge decided this way. I was surprised myself. Unfortunately, I can't find it right now.
 

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