ᐅ Developer | Special Request | Cost Responsibility

Created on: 6 Feb 2020 19:08
S
SimonBe3
Hello,
my question concerns a situation with our general contractor:

We visited the construction site to check on the progress.
A subcontractor working for the general contractor asked us whether the chimney (which we had installed ourselves as a special request) should be fitted with corner beads and plastered. We agreed to this on site. Normally, with special requests, the general contractor provides a quote, so the buyer receives a cost estimate and can then decide whether to proceed. Instead of a quote, the subcontractor had already completed all the work, and the general contractor charged us at a price we would never have accepted and, if necessary, would have carried out ourselves or commissioned separately after completion.

What can be done in this situation? Does the general contractor have the right to refer to the fact that we gave the order on site and therefore no prior quote was required?

Thank you in advance!
wrobel7 Feb 2020 00:06
Hello

Here is how I see it:
You supplied and installed a chimney in the developer’s house with their approval.
Then you hired a plasterer. The developer has no contract with you and no claim to payment.
I would ask the plasterer for an invoice and pay them.



Olli
Y
ypg
7 Feb 2020 00:37
wrobel schrieb:

I would ask the plasterer for an invoice and pay him directly.

That’s basically how I would see it as well.
For cost reasons, I would arrange everything directly with the tradespeople. However, the builder might have a clause regarding this.
Zauberwesen7 Feb 2020 07:14
What does the contract say about "special requests"?

The question, as always, is: What does the original poster want? A legally charged dispute or a quick agreement with the builder?
H
HilfeHilfe
7 Feb 2020 07:51
Hello, what amount was invoiced and what do you think would be realistic for individual contracting? To be fair, the price is considered to be between these amounts.
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SimonBe3
7 Feb 2020 10:24
Zauberwesen schrieb:

What does the contract say about "special requests"?

The seller is only obliged to agree to the buyer’s special requests if these are—subject to any required building permits/planning permission—technically feasible, do not delay the construction process, and if a corresponding written agreement regarding the execution and cost arrangements has been made.
The seller calculates the additional or reduced costs for the special request agreement and informs the buyer in writing.
Zauberwesen schrieb:

A legally grounded dispute or reaching a quick agreement with the builder?

Well, secondly, a quick agreement is always preferable.
HilfeHilfe schrieb:

What amount was invoiced, and what do you think would be realistic for individual contracting?

About €1,200 for corner profiles and final plaster.
With individual contracting or depending on the price, we probably would have only had the final plaster done.
A
apokolok
7 Feb 2020 13:42
In my opinion, it’s not worth the trouble. Consider it a learning experience and appreciate the (albeit expensive) corner braces.