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:Now a letter from the company has arrived. They write (...) and that we do not have a legally binding contract anyway.
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!