Termination costs of a contract with a construction supervisor

  • Erstellt am 2016-10-05 19:57:47

Bauexperte

2016-10-06 09:09:58
  • #1
Good morning,

No, he is not allowed; among other things, to preempt this, I also cited the Building Code.

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.

What else – apart from the building description – is contractually stipulated?

In **§ 649, right of termination by the client, it states:

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
 

Legurit

2016-10-06 09:12:23
  • #2
Well... I do think that he can also claim lost profits. Otherwise, he could have taken on and carried out other projects. In case of doubt, you would surely be well advised to consult a lawyer specializing in construction law ([Erstberatung]).
 

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