The contractor wants to issue an invoice for planning services

2021-01-29 22:20:25

I am happy to provide you with a legal basis that supports you. Your case fits perfectly with the OLG/BGH rulings from 2000/2001 (just google it), which state that this is classic acquisition activity of the contractor. It is established here that the provision of planning services does not lead to an architect’s contract. Not even by implied conduct. The services of the contractor are to be seen exclusively as preparation for the final offer. The contractor is not entitled to remuneration for this. Unless a price is explicitly agreed.

The crucial question is: is it still initiation or not (a question of evidence). If no, a contract for work with customary local remuneration can still exist.

2021-01-30 08:07:19

I would be relaxed. The burden of proof is on him. Just let it come.

If I don't sign anything, I won't pay either.

2021-01-30 10:02:40

That is very interesting. The question is whether it will still be seen the same way after 20 years.
Nevertheless, I would also have liked to have my questions answered by TE on the subject: what is in the documents?

The contractor says it was agreed. The employee says the opposite.
So there are no documents.

Who can prove that?

The multiple planning changes at least allow for an initial suspicion.

I would reject the invoice due to lack of contractual agreement.
I would only take action if a lawyer’s letter from the general contractor arrives.

IANAL

2021-01-30 10:06:28

If I don't sign anything, I won't pay either

One should not spread such nonsense. That can become expensive very quickly. Because the Bürgerliche Gesetzbuch (Baugesetzbuch) basically allows contracts (Verträge) to be concluded either orally (mündlicher) or in writing.

2021-01-30 10:31:09

The contractor says it was agreed. The employee says the opposite. So there are no documents.

There are documents. They were handed over. The terms and conditions must also be included there. There is no response to that here :(

2021-01-30 10:38:27

There are documents. They were handed out. The terms and conditions must also be included there. There is no response to that here :(

I probably overlooked that. Has a contract with valid terms and conditions even been concluded at all?

The contractor wants to issue an invoice for planning services

Spiegel99

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