Renegotiation of payment plan, please help

  • Erstellt am 2016-02-18 21:18:00

alter0029

2016-02-22 10:01:35
  • #1
By the way, it also states that the contractor must provide a security deposit amounting to 5% of the agreed service. I am currently disputing this with the construction company I am dealing with. I now consider the choice of this company to be a mistake
 

Bodo!

2016-02-22 11:46:31
  • #2
I also see it that way, that one should only pay as much as one can, meaning that after the shell construction one no longer has enough money to complete the house. If the company goes bankrupt or leaves, one has enough money to finish it.
 

alter0029

2016-02-22 11:54:14
  • #3
If there are clear legal regulations, then the question of how one or the other sees it shouldn’t even arise. Our payment plan also provides otherwise, but last week the lawyer pointed this out to me. I will prepare myself anyway for a legal dispute with my company. By the way, construction has not even started yet. Last week, I was offered a contract withdrawal if I waive €16,500. That is supposed to be the price for the building permit.
 

alter0029

2016-02-22 17:02:20
  • #4
Today I received the following information from my lawyer and this could be interesting: Payment plans that deviate in content from the statutory advance payment obligation of the contractor can generally be individually agreed upon between the contracting parties. However, if payment plans are provided by the contractor in the form of General Terms and Conditions, for example in the form of a repeatedly used contract template, they are subject to content control and are generally ineffective insofar as they impose a payment obligation on the client that is not based on the value of the service rendered, thereby creating the risk of unsecured advance payments.
 

Bauexperte

2016-02-22 17:26:03
  • #5
Good day,

not that I am not very much in favor of setting up fair payment plans for both contracting parties.

However, two questions arise for me.

    [*]why didn’t you have your contract documents and thus also the payment plan reviewed _before_ you signed the work contract?
    [*]what makes you so sure that your lawyer can negotiate a settlement that lets you sleep better?

Rhenish greetings
 

alter0029

2016-02-22 17:32:03
  • #6
Hello construction expert, I should have done that, but the company seemed trustworthy to me. I must also admit that I overlooked that a security deposit of 5% should have been deposited or I should have been asked to withhold this amount from the first installment. Now I am arguing about it. Second question: §362a Baugesetzbuch Regards from Wolfgang
 

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