K a t j a
2022-10-07 13:10:15
- #1
An acceptance of the trades or the entire contract plays no role whatsoever in the occurrence of additional costs and in my opinion has no influence on enforcing higher costs. The question is whether exceeding the deadline of the fixed price can automatically lead to an arbitrary adjustment of the price? I have serious doubts about that. What if the general contractor now demands an additional price of 1 million? He would have to prove that in case of doubt, and in my opinion this is where the catch lies. One must be able to assume that the price was cost-covering for the general contractor up to day X. From day X onwards, no longer. Accordingly, he must break down the costs. I cannot imagine how a judge could decide differently here.A partial acceptance - even fictitious - is not associated with this, consequently the view that one is now explicitly released regarding the partial performances specified there is also incorrect.