Contract for work - How long is the deadline?

  • Erstellt am 2012-03-19 14:21:02

rapunzel

2012-03-19 14:21:02
  • #1
Does anyone know how long the deadline is for a [Werkvertrag]? Has anyone had experience with getting out of such a contract?
 

Bauexperte

2012-03-19 15:08:42
  • #2
Hello,


There are no "deadlines" in the literal sense; I assume you mean the construction period? What exactly do you want to know?

Kind regards
 

Der Da

2012-03-19 19:52:37
  • #3
If you have concluded a contract for work, it also states which deadlines must be met. With good providers, there is a right of withdrawal in the contract for work, which is then linked to certain conditions. However, this must be created and signed separately alongside the contract for work.

For example, we demanded a right of withdrawal if we had not found a financing suitable for us and a plot of land affordable for us. However, we have both, and subsequently removed the reservation in writing.

If we wanted to back out now, we would either have to hope that our house provider shows mercy, or agree on a sum, or as specified in the contract: bear 8.5% withdrawal costs.
 

rapunzel

2012-03-20 13:20:25
  • #4
Hello, we want to get out of the contract because we signed it 1 1/4 years ago, we were promised so much but nothing was kept. We are now at the 4th construction site and the financing does not work the way they calculated it for us. But if we cancel, they want 15% cancellation fees, we have also already paid 5000 euros for what? We are fully involved and cannot move forward or back, and we also went to a lawyer who wants 2500 euros to sue for the 5000, but it is not certain if it will be that easy, so it will probably be settled in court and then I will put even more money in? Best regards
 

Bauexperte

2012-03-20 15:04:31
  • #5
Hello,

That unfortunately does not sound good – but in this case there are no special deadlines, only those you have contractually signed.

Should I understand your answer above as meaning that your contract partner can offer you plots of land until the end of time?
That you did not sign any right of withdrawal regarding financing?
How many percent are the 5 TEUR measured against the contract for work?

Kind regards
 

Der Da

2012-03-20 17:26:12
  • #6
That sounds like a pretty nasty scam. Pushing quickly for the conclusion, then really demanding high cancellation fees.

That's how you generate revenue without having to do anything.

Without knowing your contract, no one can help you here. But you have to take responsibility for not having negotiated a cancellation right. With this amount, without owning a property, without having the financing secured, it was more than careless/naive.

It is signed, and the contract is legally binding if no mistakes have been made, or if you can't prove that you were "taken for a ride."

We also don't know exactly what was not delivered. If a serious deception really took place, I would, in your position, possibly even pay the 15% and be glad not to have lost even more money. But ultimately you can only try to negotiate your way out of the contract. Have you ever asked if the provider is willing to declare the contract void? (You always clarify such things with the boss.) Explain your position to him, and try to keep your composure during the conversation. Do not become insulting, etc....

If they refuse or don't offer you a lower percentage rate, then only a lawyer can help you.
 

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