Withdrawal from the work contract (The shell construction simply does not start)

  • Erstellt am 2020-02-06 18:05:08

HilfeHilfe

2020-02-07 07:57:14
  • #1
Week 10 is not yet. The shell construction was completed for us in 2 weeks. Besides, you have a penalty clause included.
 

hampshire

2020-02-07 10:20:38
  • #2
It is so often the same with communication. It is completely unclear whether there is a problem at all and if so, what kind of problem it is. The only thing that becomes clear is that you are nervous and lose sight of your goal:

You insist that the civil engineer must start immediately. But the only interesting thing to know is that he will finish on time. In the next three weeks, this is still feasible, and the civil engineer can certainly explain to you how if you ask accordingly.

Instead of approaching the civil engineer with this simple question, for example: "I am a bit nervous because nothing has happened on the construction site yet. How confident are you that you can finish on time?" you go to him and "confront" him with weather data, which you as a layman cannot even assess in relation to concrete construction (e.g. moisture as wrote). Of course, your civil engineer considers you a know-it-all.

Surely the civil engineer could also have communicated actively and informed you about the impact of the weather on the goal of meeting the deadline.

Running to a lawyer with the completely unclear situation of whether everything will be finished on time is ridiculous and only brings money to the lawyer without improving anything.

Canceling the contract for work – why? It is still unclear whether the contract can be fulfilled without any problems.

Moreover, you will now definitely miss your goal of meeting the deadline with a change.

Panic is a bad advisor for builders.

Anyway – this is a bad start. You can always still ask the above question. Maybe it will clarify a lot.
 

hanse987

2020-02-07 10:47:53
  • #3
Do you even have a second shell builder on standby who can start soon? Most of them will be so booked that it's probably not going to happen in the next few months???
 

Der Sachse

2020-02-07 13:20:27
  • #4
Hello and thank you very much for the many responses.

On the one hand, yes I am nervous. On the other hand, it is not just a foundation slab, but also a basement room planned. The "assumption" that construction could have taken place in this weather did not come from me (a layperson) but from my architect, who is over 60 years old. The proof that construction can be done is also shown by the houses which were built around my house in the same town exactly during this time.

So it was possible to build and according to my architect it is no longer possible to be finished by KW10. I can already see now that it will not be finished.

My email with the weather data was preceded by three phone calls from my architect over a period of about 6 weeks in which he earnestly asked the construction company to get in touch with the client to discuss the further procedure (without success). Yesterday the construction company informed the architect that he was on another construction site and therefore cannot start. He has not complied with the request to contact me to this day.
 

Der Sachse

2020-02-07 13:22:13
  • #5
: Yes, I have a second shell builder who could start immediately. However, there is no way around the fact that the current one has to talk to me. He is simply disappearing.
 

HilfeHilfe

2020-02-07 14:09:21
  • #6
What good is that to you? According to the contract, your civil engineer is not in default. If you terminate, then only from week 10 and then you are on the high seas (lawyers).
 

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