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

  • Erstellt am 2018-02-06 11:17:36

Otus11

2018-02-08 11:04:55
  • #1
Depending on how the contractor's offer was phrased ("non-binding" according to § 145, alternative 2 of the Building Code, general terms and conditions, etc.), they are probably not entirely wrong:

No contract without express (written, see above regarding the offer) order confirmation!

This is not a cash business of daily necessity. The simplified legal chain for non-binding offers is:

    [*]Contractor’s offer = invitation to submit an (own) offer by the client (Property. I want it (if everything fits) – maybe you want it too?) (lat.: invitatio ad offerendum).
    [*]Order placed by client = offer from the client to the contractor to conclude (Yes, I want to!)
    [*]Order confirmation = acceptance of the client’s offer by the contractor (I really do want to, and still do, with you!) = CONTRACT)

Now we do not know the wording of the specific offer (which is decisive). One could now look further into damages from pre-contractual obligations (contractor on site: "I can" – "Uh, unfortunately not"). But in practice, it is usually not worth the effort. Besides, without concrete damage, there is no concrete damages claim.

And the human evaluation: Freely promising first and then retracting – clearly – is not a brilliant performance by the contractor...

Never mind. Let it go. Next please!
 

HilfeHilfe

2018-02-08 14:29:45
  • #2
Hello,

I would still cover myself and send the old shell builder something by registered mail so that he doesn't show up and want to start^^
 

77.willo

2018-02-08 14:35:33
  • #3


Chemical industry. Where have I or the OP written anything about it not being written? At our company and in others, of course a detailed tender is first created by the specialist department, then sourcing and then legal. Then incoming offers are thoroughly checked and possibly revised...

My point was only that accepting a binding offer constitutes a contract. But that is exactly what the OP did. Others brought up verbal agreements and handshakes. It was only about whether a contract exists without further confirmation from the employer to the contractor or not.
 

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