Allthewayup
2022-08-16 20:49:35
- #1
Now it is important which contract exactly was concluded, or on what basis. Building Code? VOB?
In turnkey construction, or ready-to-occupy buildings, a contract for work on the basis of the Building Code usually comes about. According to case law, the contracting party can only charge for what they have actually provided before termination. I consider a profit of 100% to be untenable, since they can assign the construction slot elsewhere and thus do not lose any profit—in the broadest sense. Setting everything at a flat rate of 10% I also consider too vague and not in line with case law. It will be difficult to prove to the court that B... Z.... should be entitled to nearly 100k when construction has not even begun yet. And even if materials have already been ordered, they can be used at other construction sites. The contracting party is therefore obliged to prove the damage concretely and not throw around flat rates. In my opinion, this is only meant to deter exactly this—the termination of a contract.
I would not simply pay here but rather make use of a consultation with a specialist lawyer. In court, it usually ends in a settlement, and regarding the sum for a single-family house, I see considerable potential for you compared to the flat rates.
Don’t get me wrong, I don’t want to fleece anyone, but 100% profit compensation as part of the contractual penalty is absolute nonsense. The industry is still running reasonably well, and this company can very likely reassign the lost time slot elsewhere.
In turnkey construction, or ready-to-occupy buildings, a contract for work on the basis of the Building Code usually comes about. According to case law, the contracting party can only charge for what they have actually provided before termination. I consider a profit of 100% to be untenable, since they can assign the construction slot elsewhere and thus do not lose any profit—in the broadest sense. Setting everything at a flat rate of 10% I also consider too vague and not in line with case law. It will be difficult to prove to the court that B... Z.... should be entitled to nearly 100k when construction has not even begun yet. And even if materials have already been ordered, they can be used at other construction sites. The contracting party is therefore obliged to prove the damage concretely and not throw around flat rates. In my opinion, this is only meant to deter exactly this—the termination of a contract.
I would not simply pay here but rather make use of a consultation with a specialist lawyer. In court, it usually ends in a settlement, and regarding the sum for a single-family house, I see considerable potential for you compared to the flat rates.
Don’t get me wrong, I don’t want to fleece anyone, but 100% profit compensation as part of the contractual penalty is absolute nonsense. The industry is still running reasonably well, and this company can very likely reassign the lost time slot elsewhere.