Construction progress: Duplex with WU basement and developed attic

  • Erstellt am 2021-01-04 14:44:59

Hausbau0815

2021-09-24 15:28:01
  • #1
The situation is now completely out of control. The lawyer says he needs this expert report, otherwise the lawsuit won't hold up. But I am not willing and financially unable to pay €18,000 or possibly more for it. The justification for this high price is the effort, which is stated to be 120 hours. Allegedly one week of that is on the construction site. I cannot believe that the expert will spend one week on the construction site to record defects. He would have to turn over every stone for that. If I pay this amount now, I will lack it for continuing construction. Either or. Unfortunately, I do not have a money printing machine at home either. And then it will probably be the case that the court orders the whole thing again. Certainly not cheaper either. The second option is to apply for a construction stop and evidence preservation procedure. This has nothing to do with the length of the trial. In the evidence preservation procedure, the court appoints an expert, and the appointment usually takes place within 6 months. After that, construction can continue, since the defects have been recorded by the expert. This must be paid in any case and as an advance payment. In the first case, we are therefore at about €36,000, in the second at about €18,000. Even if we win, we would probably only get the costs for the court-ordered expert report back; the first one was basically a waste. If my first lawyer hadn’t screwed up, the evidence preservation procedure would have been completed a long time ago, we could be building on and waiting for the trial. Unfortunately, this is not the case. I now have the choice between the plague and cholera. Both options are unacceptable for us. Option 1 for cost reasons and principle. Option 2 for reasons of time, unbearable current living conditions, and loss of funding.
 

chand1986

2021-09-24 15:44:42
  • #2
And just let the matter rest and finish building is not an option?
 

Hausbau0815

2021-09-24 16:05:18
  • #3
No. Then all the nerves, time and costs we have invested so far would be for nothing. Besides, exactly what I criticized in my previous posts would happen, namely that these people would get away with their crooked dealings and continue.
 

Myrna_Loy

2021-09-24 16:27:47
  • #4
That's probably what you call throwing the sausage after the ham.
 

MayrCh

2021-09-24 17:32:21
  • #5

This seems to have been a frequently used method in the recent past. Obviously, this is initially used to test the "commitment" of potential customers.


In the industry where I once worked as an expert, this corresponds to the hourly rate of a beginner; the hourly rate for 3 man-weeks would also fit with that. A court-appointed expert with the appropriate qualifications costs considerably more. Especially since party-appointed expert reports rarely elicit more than a tired smile from most judges. But as I said, different industry...
 

aero2016

2021-09-24 18:13:46
  • #6
You are throwing good money after bad. That is unwise and not economical. Overall, you will not win.
 

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