Jann St
2021-11-26 10:04:56
- #1
I can just agree with everyone. Unlike (I believe) many here, I work for a construction company. Therefore, I would like to present the page from the perspective of the construction company:
Our legal consequences for the unlawful refusal to provide services are very severe. However, the legal grounds are very limited. In fact, we are almost always forced to provide services. An exception arises if a notice of concern is not resolved and results in an obstruction that eventually leads to the work no longer being able to continue. This would mean the client is at fault for not advancing matters for clarification.
The next issue would be the unlawful refusal to pay - but only after several reminders and then basically only together with a termination - because a partial payment is only a liquidity advance that was agreed upon - the right to remuneration only arises after full performance of the service. Here the construction company would be on thin ice - but the client is advised to pay the partial payments, because until the day of acceptance you cannot "overpay" and have the corresponding right to reimbursement (with interest).
The topic of "discussion about defects" is certainly a reason why the contractor might not want to perform further but is likely to be difficult to legally defend. We discuss the presence of defects even years after acceptance - here I see no reason to refuse performance.
-- This is just intended as a brief overview and to explain why everyone here is actually right at the moment. However, the person most correct is with the statement to have this clarified by an expert in construction law.
Certainly, multiple issues occur simultaneously and most likely the construction company does not only have trumps in hand (as said, the legal basis is weak).
Since the whole topic already starts with the construction contract (which dates were agreed, what applies contractually), this cannot be explained here at all.
Our legal consequences for the unlawful refusal to provide services are very severe. However, the legal grounds are very limited. In fact, we are almost always forced to provide services. An exception arises if a notice of concern is not resolved and results in an obstruction that eventually leads to the work no longer being able to continue. This would mean the client is at fault for not advancing matters for clarification.
The next issue would be the unlawful refusal to pay - but only after several reminders and then basically only together with a termination - because a partial payment is only a liquidity advance that was agreed upon - the right to remuneration only arises after full performance of the service. Here the construction company would be on thin ice - but the client is advised to pay the partial payments, because until the day of acceptance you cannot "overpay" and have the corresponding right to reimbursement (with interest).
The topic of "discussion about defects" is certainly a reason why the contractor might not want to perform further but is likely to be difficult to legally defend. We discuss the presence of defects even years after acceptance - here I see no reason to refuse performance.
-- This is just intended as a brief overview and to explain why everyone here is actually right at the moment. However, the person most correct is with the statement to have this clarified by an expert in construction law.
Certainly, multiple issues occur simultaneously and most likely the construction company does not only have trumps in hand (as said, the legal basis is weak).
Since the whole topic already starts with the construction contract (which dates were agreed, what applies contractually), this cannot be explained here at all.