The structural construction company cancels one day after the excavation work began!

I have to admit we don't have anything like that. Maybe I'm a bit naive now, but I wasn't aware until now that a written contract has to be drawn up for this.

So you have to evaluate for yourself whether that was naive or not. For my part, I can only wonder how one can sleep peacefully with the sums involved in shell construction without permanently documenting fundamental things in writing for both contracting parties. Small control question: would you also buy a car like that? [emoji6]

First of all: I am very sorry for you that the start is so negative.

If there is a document that records what is to be built, I consider that initially to be a comprehensible document. Especially if the start of construction is apparently (possibly even in writing?) recorded.
Of course, deadline regulations/penalties, etc. in case of delay – especially now – would be nicer. (We didn’t have anything like that either; fortunately, that always worked out well for us.)

But the question ultimately is how to proceed now. To be honest, I would advise consulting a (specialist) lawyer and having them clarify whether the contract has actually been effectively terminated / how you can legally and securely get out of the contract, whether you can claim damages from the company (e.g., because another company charges 10,000 more for the same work or can only start in three months and you ultimately have to pay more with the successor companies, interest on standby costs arises, or whatever else).

I wish you patience and that everything will turn out well as soon as possible!

Thank you very much for the information. Since it is actually not common for us to just abandon clients, fortunately another company agreed at short notice within 3-4 weeks. They were also involved in the awarding process back then and withdrew shortly after submission due to scheduling reasons. But since the winter down here was very mild, they have now stepped in :) The original offer still stands ... really a great company :) It is even acceptable for this structural engineer if we make a contract for work, although they actually do not have that often. Verbal agreements and written commissions after submitting the offer usually seem to be sufficient. Therefore, I will also give the contractor who let us down the opportunity to claim damages against us. Let's see what he says about it. After all, there is enough written correspondence and several joint conversations including witnesses. I don't think he should just get away with it, right?

Contract or no contract. If he doesn’t build, he doesn’t build. Being right doesn’t finish a house. Compensation, well, then just quantify the damage properly. Here, please use a lawyer instead of a forum. I’m telling you, you were lucky. Lucky that he didn’t build and that someone else stepped in. If he had built, it would have been a struggle, because he apparently has too much to do, too few people. And if now maybe two bricklayers have quit him because Meier gives them more, then everything will collapse and he’ll throw in the towel with orders. Look at it that way. Karsten

Again: clarify with a lawyer to what extent the contract with the first company has been legally validly terminated. Worst case would be that you sign with company 2, thus entering into an obligation, and company 1 suddenly remembers, upon your request for damages, that they could build for you after all.

Edit: if you make timely and reasonable progress with the second company, that makes me happy for you. There is indeed some truth to Karsten’s comment...

: Actually, I have considered that perspective. Completely agree with you. Nevertheless, the contractor's legal opinion here (probably received a more lucrative offer) seems somewhat questionable. Therefore, I am of the opinion that one should not just accept this so easily. The motto "this is how I deal with small builders" doesn't have to apply.

: Seems reasonable to me. I will do that.