The contractor wants to issue an invoice for planning services

Dear forum community,

We have a problem with a construction contractor. Maybe someone here is knowledgeable in the legal field, or someone has experienced something similar and can give us advice. I am aware that your opinion cannot replace a legal assessment. Just so you know, but now to the problem:

We contacted a local construction contractor in December 2019 from whom we wanted to get an offer for building our house. After our conversation, he created a draft which we had adjusted again because it turned out too large. He also provided us with his construction/performance description. This was so incomplete and vague that we requested adjustments in many points. He revised the construction/performance description and only implemented about 10% of our wishes. He handed us the drafts, the description, a contract draft, and an offer (as a total price for the house including building permit documents and static proofs) in a personal appointment. It sounds quick when written down, but the whole process was slow, required many inquiries, and lasted 9 months. After the mentioned appointment, he disappeared for a rehabilitation stay, but said he would be reachable by phone and email. We tried several times to reach him by phone and email, also via his secretary in his office, but we did not receive any response, not even from there. We have heard nothing from him since September 2020 and therefore dropped it, especially since we were dissatisfied with the offer anyway.

Now he has contacted us by email and asks if we are still interested in building together. If not, he would consider the cooperation as ended and would - as agreed - send us a final invoice for the planning services rendered.

However, nothing was ever agreed upon in writing or orally in this regard. A settlement according to HOAI was never mentioned either; he gave us a complete offer/fixed price for the house construction.

Is his approach permissible?

Thank you for your tips.

as agreed

However, nothing was ever agreed upon in writing or verbally in this regard.

Then tell him that as well and wait to see what happens. If he wants to issue an invoice, it must have a basis, which according to your description is missing.

I am a layperson and cannot replace legal advice. But my personal assessment would be: It is at least not forbidden to demand consideration for a service rendered. If you were not aware that you had already entered into a contract with him, you could rely on a mistake and, so to speak, unwind the contract. On the other hand, if you never signed anything, he is initially obliged to prove that such a planning contract even existed. So in doubt, you could probably wait out the matter until a court order for payment comes. You would have to object to that. However, it is not the most delicate approach. Are you going to use the plan? Then it would actually be right to pay for the planning service. Whether the service was satisfactorily provided, if it took 9 months without your fault, is another matter and certainly you could deduct some sort of defect. In the end, though, it's all a big hassle. What is he demanding?

But my personal assessment would be: It is at least not forbidden to demand consideration for a service rendered.

Well, if I ask for an offer, I do not expect an invoice for the offer. Exception: It is discussed beforehand. One must at least have the choice to accept the offer, and that is not possible without a possible price.

He gave us the drafts, the description, a contract draft, and an offer (as an all-inclusive price for the house including building permit documents and structural proofs) in a personal meeting.

An offer was handed over here, but it was not accepted.

He created drafts and even revised them again. That is more than just preparing an offer.

He created drafts and even revised them again. That is more than just preparing an offer.

I rather think that the building application documents + structural analysis go beyond an offer. It seems he specifically assumed that the customers already liked the drawings enough to imagine building with him.

Nevertheless, I would also not pay if nothing was agreed upon and there is no written agreement. He can choose the path he thinks is right.

Ps: We also received drawings from two general contractors including an offer and did not have to pay for that. However, there were no building application documents including structural analysis.