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!
S
SimonBe3
8 Feb 2020 18:09
Okay, thank you very much for your opinions and assessments. Generally, it should be mentioned again that we are writing here to get more objective viewpoints. We neither want to avoid paying what is due nor are we so naive as to not understand that extras also cost money.
The move-in date is already delayed by 10 months, the developer charges well for all extra costs (which we have always paid diligently), and although we have requested quotes for the final plastering of the fireplace multiple times, nothing has come from the developer. With the assumption that the developer would still coordinate this, combined with the belief that as buyers we cannot give orders directly to subcontractors, this frustrating situation has arisen.
Zauberwesen8 Feb 2020 18:13
SimonBe3 schrieb:

paired with the opinion that, as buyers, we cannot place orders with the subcontractor

Objectively speaking, you are right — period.
G
guckuck2
8 Feb 2020 18:50
Objective opinion from Zauberwesen

The entire fireplace was apparently “installed as a special request.” To me, that doesn’t seem covered by the building contract. So the original poster (OP) can commission work on it, right?
The only odd part is the billing through the general contractor instead of directly between the craftsman and the client.
Zauberwesen8 Feb 2020 19:09
guckuck2 schrieb:

Zauberwesens objective opinion

On the contrary – this is not my opinion but the legal situation.
J
Joedreck
8 Feb 2020 19:36
@Zauberwesen please explain your point of view. Please be detailed.
Zauberwesen8 Feb 2020 19:48
Sorry, I’m not here to provide legal advice. I only share my legal opinion when I think it’s necessary – but as you know, 3 lawyers = 4 opinions.

But just imagine if the developer charged 50,000€ (about 54,000 USD) for the rails – legally it would be the same fundamental issue – but then most people here would probably see it differently (subjectively/non-legally).