Fixed price guarantee 12M at risk due to capacity - experiences after lawsuit?

  • Erstellt am 2021-08-06 15:36:47

Tassimat

2021-08-07 21:55:45
  • #1
Addendum to:

Personally, I would not yet initiate legal action through a lawyer, but rather send a registered letter containing the following:
- A deadline for handing over the plans for the basement within 10 working days (this should be a reasonable time, only for the part of the plans you need, addressing the survey)
- Consequence of missing the deadline: extension of the fixed price guarantee for every day the plans are not delivered.
- Additionally, threaten that you reserve the right to claim all additional costs incurred (rent, etc.) due to the intentional delay by the construction company through civil proceedings.

Formulate the letter politely but firmly. Objective and under no circumstances even remotely insulting. Let the last paragraph sound conciliatory.
Take plenty of time to formulate it properly!

I hardly think a lawyer will do anything different in the first step. Step 1 is always setting the deadline.
 

Reltaw2021

2021-08-07 21:55:56
  • #2


Do you mean it encourages the manufacturer of the house to deliver faster when he knows it’s no longer so urgent?
 

Tassimat

2021-08-07 22:11:50
  • #3

No, of course not.

But the manufacturer knows that due to the time pressure you won't bring out the big guns. He can exploit that and drag everything out as long as possible (illness, vacation time, processing time, appointments in x months, etc.) until he reaches the end of the construction price guarantee period. With the time pressure on your back, you risk chasing after every one of the mentioned carrots.
 

Reltaw2021

2021-08-08 10:09:20
  • #4
So I would much more expect an opponent who is backed into a corner, who has nothing left to lose and doesn’t have to consider politeness, to use all the "heavy artillery" he has or to fight with fists and claws.
 

Tassimat

2021-08-08 10:18:00
  • #5
And what if the construction contractor is also backed into a corner because construction prices have exploded and otherwise incurs losses with your project? Nobody knows that...
 

Reltaw2021

2021-08-08 10:48:17
  • #6


Then they will first go after those who offer no resistance, for whom it does not matter whether they move into their new home 5 months later, and who no longer have the financial means to afford a lawsuit. At least when rationality and cost optimization govern the actions of the decision-makers of the house manufacturer.
 

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