mandarine
2021-01-28 15:42:09
- #1
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.
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.