Have the construction contract checked / by whom? Is it necessary?

  • Erstellt am 2022-05-13 11:28:57

11ant

2022-05-13 19:55:22
  • #1

Yes, that would indeed be a problem otherwise, and yes again, the contract would otherwise continue to apply without termination. The event itself does not trigger termination, and the administrator could otherwise want to insist on its continuation. Likewise, he could probably also contest termination without this clause. Therefore, I consider it very sensible to explicitly include insolvency in the contract among the "important reasons" so that this cannot become contentious.

On the other hand, I consider this to be a toothless pious wish in case of doubt, for two reasons: first, because I see insolvency law opposing it. "Only rendered services" as opposed to "also lost profits" yes, the agreed recognition as an important reason probably covers this here. "Only rendered services" in the sense of "immediate full refund of prepaid upcoming service steps" however no, see above: double standards. Secondly, the wording "for which the contractor is responsible" is not "certain." Because insolvency is not necessarily included in that - at least not in the case of a third-party insolvency petition - and from the agreed recognition of insolvency as an important special termination reason alone, in my opinion, this also cannot be deduced here. From my point of view, the termination reason in the case of applying this clause is mutually agreed upon and thus in this sense "arising from both sides" (and justifiable).

Hopefully the nonsense of the dispute between legal laymen will not become even more nonsensical now by adding lawyers - lest someone still has to call "back to topic" on page 140 *LOL*
 

Psymats

2022-06-04 23:02:17
  • #2
Hi everyone,
To those who had their contract reviewed:
Was anything really fundamental found? And how willingly were the changes then incorporated into the contract?
I am currently considering having my contract/description reviewed by the Verbraucherzentrale but fear it might delay everything, which could become expensive due to the price developments.
 

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