kati1337
2020-06-07 09:13:07
- #1
There is relatively little information about what is actually stated in the contract. Is there a passage stating that side agreements are invalid? What does the contract say on the subject of project progress / start etc.? In our contract, for example, there is a clause along the lines of "The contractor and the client shall work without delay to enable the start of construction," or something similar. If you have something like this in your contract, then you might legally be in a better position, since after 2 months of silence one can no longer speak of "without delay." (Caution, half-knowledge, I am not a lawyer).
Do you have any evidence regarding your side agreements? Third parties who overheard such things? An email in which it is mentioned? Anything in writing? Otherwise, it looks bad. Even with an earlier contract signing, I see no reason not to include such an important agreement. We also concluded our contract early with the general contractor because they were facing a price increase that we wanted to avoid. We had a clause inserted: "Contract subject to financing confirmation." If our financing had not worked out, then that matter would have been settled, and we had that in writing. BUT: our contract also stated in this regard that services already performed by the general contractor (planning, sample selection etc.) would have had to be paid for by us. But I don’t find that unusual either; they also have to pay their staff.
What would be the consequence if you terminated regularly? Does the contract say anything about this?
Do you have any evidence regarding your side agreements? Third parties who overheard such things? An email in which it is mentioned? Anything in writing? Otherwise, it looks bad. Even with an earlier contract signing, I see no reason not to include such an important agreement. We also concluded our contract early with the general contractor because they were facing a price increase that we wanted to avoid. We had a clause inserted: "Contract subject to financing confirmation." If our financing had not worked out, then that matter would have been settled, and we had that in writing. BUT: our contract also stated in this regard that services already performed by the general contractor (planning, sample selection etc.) would have had to be paid for by us. But I don’t find that unusual either; they also have to pay their staff.
What would be the consequence if you terminated regularly? Does the contract say anything about this?