Maintenance contract for construction site power distributor

  • Erstellt am 2023-10-03 17:06:13

RotorMotor

2023-10-05 14:45:55
  • #1
thanks for the reference. However, I only read it as saying that the construction contract was unclearly described regarding who has to take care of the construction power, and therefore the court doubts its legal validity. It was not judged there that construction power may fundamentally not be provided by the builder due to immorality or similar. So, as I already wrote above, it depends on the regulation in the construction contract, which must, however, be clearly formulated. Disclaimer: No legal advice
 

xMisterDx

2023-10-05 20:30:55
  • #2
Well. In this case, it was specifically stated in the [AGB] of the construction company. If one follows the court's reasoning, then the contractor cannot pass on any services to the client that must be fulfilled to complete the scope of the contract. Presumably because the private client is a layperson and therefore cannot know or oversee many things, I could follow this reasoning.

But if that holds... phew... then you basically aren't allowed to sell anything to a private consumer that they don't understand 100%. That would probably be the end of this line of business...
 

RotorMotor

2023-10-05 20:42:04
  • #3
the contractual provision in clause II. of the construction contract, according to which construction electricity is provided by the client ... how do you come to [AGB]? That's nonsense. We do have freedom of contract in Germany. Only the contract must be clear, but you can certainly regulate that construction electricity is on the client’s side or, for example, the base slab or also the civil engineering works.
 

xMisterDx

2023-10-05 21:10:56
  • #4
Because the comments on the verdict explicitly refer to them.
 

schubert79

2023-10-06 08:08:37
  • #5
I have never heard such nonsense. Maintenance for construction site power meters… just my kind of humor! The thing stands outside in wind, weather, rain, and snow. The only one happy about your maintenance contract is the account of your [GU].
 

kati1337

2023-10-06 09:52:51
  • #6
I found the sticker that the OP photographed on the construction site power box quite interesting. It seems to have been "maintained" regularly. All the builders before him apparently paid for that monthly without any concerns?
 

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