11ant
2022-05-07 13:23:24
- #1
With our trades, we can make short-term changes as long as they have no impact on the building application or structural engineering. [...] Additional costs are then billed directly to us by the trade.
Some homeowners may find this practical, but legally it is actually improper: both parties bypass their respective actual contractual partner in such a "short circuit." Formally, at least consent should be obtained from that partner, but often he receives no notification for his records. This is the root of inconsistencies between order, delivery note, invoice, acceptance, and ultimately also warranty. Later, a general contractor is supposed to be responsible for something that contractor and subcontractor agreed upon immediately between themselves. Legally, the homeowner is a "third party" who (even if pragmatically seen as the "beneficial owner" of the whole project) "unauthorizedly" executes a change termination of the contract for work between contractor and subcontractor. Lawyers as homeowners prefer to avoid disputes privately; but anyone who deals with a general contractor in the person of an administrative lawyer or senior teacher quickly loses tolerance, acceptance, or even promotion of such "short routes."
A general contractor nowadays should actually give every homeowner a checkbook containing three checks for one change ticket each; if unused and returned, there is a discount, and every additional one costs an extra thousand euros on top of the actual change costs (or even two thousand euros extra if the relevant construction phase has already started). Apparently, this is the only way to motivate spoiled brats to behave like commercially responsible adults ;-)