In court and on the high seas, one is in God's hands, says the common saying.
Of course contracts are binding, but they never guarantee 100% success. And if something went wrong, everyone should first strive for a mutually satisfactory solution outside the legally possible path.
Putting in delay, setting deadlines, and politely waving the possible consequences would be the right way in my view.
sent from tablet
We tried that, but it was all brushed aside, which I find incomprehensible. There were multiple references to issues that were partially poorly or not at all resolved (dent in the chimney cover – reported in January – fixed on Monday...).
well, I also know my East German in-law family. There the "sense of justice" is particularly strong and the threat scenario is built up. It gets funny when the contract partner also comes from the East. Two wooden blocks rarely come alone. Greetings from the chain-link fence.
No offense, it reminds me a bit
Yes, we evil Ossis... and then we still have the East German chancellor. All bad things come from the East.
Does that apply to both sides? So is it okay if he pays his bill one month later and accidentally forgets a few euros?
I guess: OP would be more relaxed if his construction manager had kindly written one month before the completion date that it will unfortunately take a little longer due to adverse circumstances. But if you look forward to completion 11 months (?) after signing and on the day before the appointment nothing is finished nor any message from the developer... Yes, then... By the way, winter did not happen this year. If there had been bad weather, then the developer would have written shortly ("had bad weather, couldn't, therefore unfortunately...")
Be that as it may:
Since no contractual penalty was agreed, you have bad cards. You can either endure fate (it will be fine, everything will be fine), or:
- Demand completion according to the contract in writing with a deadline (14 days)
- In case of delay, send a second letter with a shorter deadline and announce claiming damages (costs for motorcycle storage... only things that can really be monetarily documented)
- When it is finally finished and the invoice comes, reduce it accordingly and wait for what else comes.
All by registered mail with return receipt, for later proof. The small issue with the changed slabs does not make it easier of course...
Alternatively: consult a lawyer (because internet advice can also be wrong).
Good luck, don’t let yourself get annoyed!
Finally someone who understands what it’s really about. Deficiency was reported on 15.06. – but there was no response to that either. The rest was also clearly pointed out to the construction manager – was always brushed off – something is happening, we are on it blah blah.. But it was of no use.
Oh please – you’re not seriously trying to tell me that TE should jump off the bridge just because his defaulting contract partner shows him how?
By the way, I never wrote anywhere that I find the behavior of his contract partner acceptable. However, I gladly admit that I didn’t particularly like the tone of TE’s posts. But I also see no sense in lengthy legal disputes in which the lawyers always win in the end. And by the way – then the completion of the access way will take even longer. Not good advice then.... right?
It is no question that it is annoying that the contract partner did not contact timely about the impending delay. I am quite sure that two are needed to tango. There will certainly be reasons – reasons that TE did not mention here (and also does not have to), that explain the delay. Forum users always tend to form/post their opinions based on one-sided statements. But from my job I know that lonely decisions are extremely rare.
The only viable way:
Then it is not about waiting – that would be pretty stupid given the investment of time + effort so far – but about going to the lawyer and that makes the hearts of the involved lawyers beat faster.
Conclusion:
Lawyers get fed – if it goes awry – court is involved. Depending on the amount of costs for the access way + terrace => regional court; first hearing doesn’t take that long.
End:
Settlement. Consequences for the owed performance: crystal ball mode on: monetary compensation instead of completion, plus 2x lawyer fees (for commission and settlement), remainder not enough for access way & terrace crystal ball mode off.
So better let it slide and deduct the garage rental costs from the final invoice. Might not go faster, but saves stomach and nerves
Rhenish greetings
I wouldn’t have liked the legal dispute either, but if it acts like everything is ok and nothing happened and that something like this is normal? One more time for your reminder: What’s the point of contracts with dates in them if no one sticks to them? Then you don’t need contracts but just say: Your house will be finished sometime... oh and the outdoor facilities, well, we’ll see...
Why should the access way take even longer then? That would play even better into my cards – according to your statement! The longer – the more € :P The legal trickster always wins... either way
In the meantime a solution has been found. The boss himself eventually got in touch, by the way, he did not really know what was going on. The outdoor area is now almost completely usable – tomorrow it will be compacted again and then just in time for the last day of vacation, maybe one can sit out in the sun... uh the rain
As a conclusion: Contracts are worthless, Ossis are grumblers and should accept everything (and woe betide anyone who resists!), better let things slide every day and live day by day – the money comes all by itself after all... that’s how I imagine some people at work too... capitalism = exploitation of man by man...
Many thanks again for the... well what exactly... never mind – thanks