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!
11ant7 Feb 2020 13:59
If I were your builder, I would only agree to forgo corner beads with a warranty disclaimer. The convenience of not having to make a mess again after the house is finished does not save you money as well – where do you live?
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Zauberwesen7 Feb 2020 15:21
SimonBe3 schrieb:

as well as a corresponding written agreement regarding the execution along with the cost arrangement.


You could have just said that right away – legally, everything is settled, and I’ll quietly go back to being a passive reader.

P.S.: By the way, this confirms my first two posts on this topic.
H
hampshire
8 Feb 2020 00:33
This is how I understand it:
  • The client is on the construction site and is asked by a subcontractor whether he wants something done “this way or that way.”
  • The client chooses one option—knowing that this is not documented in the contract and that the subcontractor will immediately carry out the request.
  • The subcontractor implements the request.
  • The main contractor invoices the service.
  • The client finds the invoice too high and backs down, claiming he should have received a quote and questioning whether everything was handled properly...

If the situation is as described above, my assessment is as follows:
  • The subcontractor’s behavior (thinking ahead and implementing the request accordingly) is basically exemplary.
  • The main contractor’s action to charge for the additional work is obviously justified. The price is certainly not cheap but also not unfair.
  • If the client now tries to retreat to legal arguments to reverse his on-site decision, I would consider that unfair.
H
HilfeHilfe
8 Feb 2020 06:33
hampshire schrieb:

This is how I understand it:
  • The client is on the construction site and is asked by a subcontractor if they want something done one way or another.
  • The client chooses an option—knowing that this is not part of the contract and knowing that the subcontractor will implement it immediately.
  • The subcontractor carries out the request.
  • The general contractor invoices for the service.
  • The client finds the invoice too high and backtracks, saying they should have received a quote and questioning whether everything was done properly...
If this is how it is, my assessment is as follows:
  • The subcontractor’s behavior (thinking ahead and implementing according to the request) is basically exemplary.
  • The general contractor’s behavior to charge for the additional work is obviously justified. The price is of course not cheap but also not unfair.
  • If the client now tries to hide behind legal positions to revoke their decision made on-site, I would consider that improper.
I also always find it funny that people think this should be free! Even at the butcher’s, there’s no such thing as a free extra. Extras cost money everywhere. Live and let live. Possibly, the building insurer covers part of it. Always ask in such cases. Asking really costs nothing!
11ant8 Feb 2020 13:16
hampshire schrieb:

I understand it like this:
  • The client is on the construction site and is asked by a subcontractor if he wants something done "this way or that way."

The buyer is on the construction site ...
(otherwise I see it the same way)
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https://www.linkedin.com/company/bauen-jetzt/
wrobel8 Feb 2020 16:07
Hello, trying to avoid payment now is definitely not acceptable. But 1200€ for a maximum of four corner beads and four to five square meters of plaster is not okay either. That comes to 200€ per m² (approximately 18.6 sq ft). Olli