The developer has let us down - what to do now?

  • Erstellt am 2018-02-18 18:24:26

Alex85

2018-04-17 21:52:51
  • #1
First, too late, second, they do not provide [bei Bauvorhaben]
 

Nordlys

2018-04-17 22:24:40
  • #2
I think nothing is moving anymore. The contractor has produced defects, the client withheld money. From the contractor’s perspective, the fish is cleaned, the money is written off, the involved craftsmen had their invoices reduced, that's it, game over. Next construction, looking back just holds you up, we have work up to our ears. The man shouldn’t make such a fuss, there’s always something, and he should just have the defects fixed with the withheld money from Haus und Hofservice Allesgeht. Waiver letter? That guy is crazy. We never waive, we just keep our feet still for a moment. Maybe this: lawyer writes a letter to the contractor. The gist: We withhold an amount and use the money for defect rectification. If we don’t hear from you by xyz, we will consider that a waiver of the remaining payment; in that case, we would also waive defect rectification on your part in return. But not as the 32nd email! Nobody takes you seriously then. That’s the one who fiddles with emails; we just put him in the spam folder. Karsten
 

HilfeHilfe

2018-04-17 22:42:10
  • #3
I want a child from you ))))
 

GibMichRot

2018-08-14 12:35:38
  • #4
Before rushing directly to a lawyer, the following might help:
Draft a letter in which the defects are described as precisely as possible, preferably with photos and find witnesses:
Hereby we inform you about the following defects in our construction project (address, customer number, etc.):
- A is not in order
- B is not in order
- .....
We demand that you submit a binding declaration by (approximately 2 weeks later, specify the exact date, e.g. August 30, 2018), recognizing the aforementioned defects and your warranty obligation for these defects and present suitable proposals for defect remediation.

For the final remediation of the defects, we set a deadline (another suitable deadline) until September 14, 2018.

If it is not possible for you to remedy the defects within the aforementioned deadline, we ask you to inform us by when, in your opinion, the defect remediation can be carried out.

If the above-mentioned deadlines pass without result, we will have the defects remedied by self-performance.

Sincerely
...

If the company does not respond by the first deadline (here August 30), it is in default and you are entitled to claim default costs (i.e. attorney fees). Since the company apparently does not respond anymore, this would be an easy attempt to obtain legal advice AFTER the first deadline expires free of charge. Before proceeding with self-performance, especially in case of higher costs, I would first go to a lawyer after the expiration of the first deadline. Oh, and send the letter by registered mail with return receipt, possibly scan it with a signature beforehand and send the PDF by email to the builder. It is best to have a witness present when you drop the letter off at the post office.
 

Home2016

2018-08-15 16:41:53
  • #5
 

Home2016

2018-08-15 16:46:56
  • #6
I find the way this answer is written arrogant! I praise the answer from [Bau-Bausachverständigen], factual and hopefully purposeful.
 

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