Contract law, law, construction expert

Hello everyone,

regarding our construction project, I wanted to hire a publicly appointed and sworn construction expert. I contacted one from the Verband privater Bauherren e. V. Regionalbüro Osnabrück by phone. The first conversation (in person) was supposed to be free of charge. Our first meeting took place on 27.10.2017. We talked about the construction description and I received a few ideas, our questions were answered (it lasted about 2 hours). The construction expert told us that in the next few days he would send the protocol for our first meeting and the offer. Since we had an appointment with the builder for contract signing on 30.10.2017, I asked by phone the Bausparvertrag to send the above-mentioned documents by email to us by then so that we could prepare for the contract signing. Until that time, I spoke for about 1 hour on the phone with Bausparvertrag. We concluded the contract with BU (better than expected, our wishes were fulfilled in the contract). On 31.10.2017 I received the protocol and offer from Bausparvertrag. The offer stated 'Service period: September 2017 – September 2018 (strange). Since we contractually agreed on our construction period from April 2018 to November 2018 and our first conversation (with Bausparvertrag) was on October 27, I asked Bausparvertrag by phone to correct the service period. The 2nd offer stated service period: 'September 2017 – November 2018' (strange) and 'In case of order, you would have to join the Verband privater Bauherren for a duration of ~ 8 months.' (monthly cost about 15€)

Since I did not receive the protocol in time and there was no proper correction of the service period, I do not want to conclude the contract with this Bausparvertrag.

Today I received an invoice from Bausparvertrag as the first installment (about 650€) which I have to pay within 5 days!

1. The Bausparvertrag has fulfilled its first service: construction check – review of the documents (although not perfect).

2. I received a service from Bausparvertrag before I received an offer and cost breakdown from him.

3. I do not have a written contract with him. (Not yet appointed in writing).

He did something without informing me about follow-up costs! (If I had known that for such a protocol and a few tips I have to pay 650€, I definitely would not have asked).

Who is right? What now?

Hi zizi,

first I would call him, explain the situation and politely ask on what basis he is charging the invoice. Tell him that you are surprised (which you are) and can't remember that you discussed costs, follow-up costs, or concluding a contract.

First politely ask, give him space for his own decision, and then see what he says. I would hold back on immediately threatening legal action, you can always do that later. If he simply made a mistake, he might feel cornered by the threat of legal matters and act irrationally (which would not be in your interest).

That would be my strategy at least. There are certainly others (more confrontational).

Best, Stephan

Just like ruppsn says. In case of doubt, I consider the price as a daily rate to be appropriate.

I have already spoken with him on the phone, he said a personal appointment + phone call + preparing the protocol took about 7 hours. And for an officially certified and sworn construction expert, an hour costs 100 to 120 € net. Otherwise, everything is also stated on the invoice (attachment). But when he realized that I did not want to work with him, he hung up quite rudely. Actually, I wanted to apply even though I was partially disappointed, but when I received the invoice without having a contract and having received a service without being informed about follow-up costs, I no longer want him. With a contract between us or with a cost estimate before the fulfilled service, I would understand his invoice. Does anyone perhaps know if he is legally entitled to this?

Impertinence. Zizzi, do you have the opportunity during the day to visit and accompany your construction site? Can you or your wife provide the men with coffee, lemonade, and cake or maybe a pot of warm sausages? Would you also slip the guys a little cash? Then you'll be 1000 times better off than with an expert. Build relationships, talk to them, appreciate them, also say openly, men, I don't like this, can you do better? If appropriate... accompanied like this you'll get 100% quality. And pay a lot less. Karsten

We were also members of the Association of Private Builders. The prices are listed on the homepage. To enter into a contract, no paper or signature is required. is familiar with this ;) I would put it this way: after chatting on the phone for 20 minutes, and certainly not about the weather, but about the contract and such, I know that it goes beyond the consultation and that I am in the first phase of the expert, namely the review of the contract for work and improvements. Further minutes confirm this to me. A 2-hour conversation can no longer be seen by any ordinary person as just a free chat session. I didn’t understand it: why didn’t you want to join the association now?