Bauexperte
2016-10-06 09:09:58
- #1
Good morning,
What else – apart from the building description – is contractually stipulated?
The client may terminate the contract at any time until completion of the work. If the client terminates, the contractor is entitled to demand the agreed remuneration; however, he must credit what he saves in expenses due to the contract termination or earns or maliciously fails to earn by using his labor elsewhere. It is presumed that the contractor is entitled to 5 percent of the agreed remuneration attributable to the part of the work not yet performed.
From this § it can easily be deduced that your construction supervisor could charge significantly more euros than he has. However, only if I am not mistaken regarding the question of whether this is a contract for work or not.
**Source: dejoure.org
Rhenish greetings
No, he is not allowed; among other things, to preempt this, I also cited the Building Code.He is not a civil engineer, if that matters. He is a "construction supervisor," which is known not to be a protected professional title. Is he even allowed to bill according to HOAI?
This is – according to my understanding – a regular contract for work; regardless of what name the child bears. The restriction "termination only for good cause" I only know from employment or commercial agent contracts. Maybe can clarify.We signed an "architect and project management contract" with a so-called construction supervisor. The contract includes the building description at an agreed fixed price of €321,000.
What else – apart from the building description – is contractually stipulated?
In **§ 649, right of termination by the client, it states:I would also like to pay for the service provided. But of course, not more than necessary. I think it should remain fair to both sides.
The client may terminate the contract at any time until completion of the work. If the client terminates, the contractor is entitled to demand the agreed remuneration; however, he must credit what he saves in expenses due to the contract termination or earns or maliciously fails to earn by using his labor elsewhere. It is presumed that the contractor is entitled to 5 percent of the agreed remuneration attributable to the part of the work not yet performed.
From this § it can easily be deduced that your construction supervisor could charge significantly more euros than he has. However, only if I am not mistaken regarding the question of whether this is a contract for work or not.
**Source: dejoure.org
Rhenish greetings