After several requests, the additional cost statement finally arrived today. One item is completely unacceptable – the extra charge for parquet stair covering!
During the construction phase, we decided to go with a parquet stair covering instead of tiles. There was never any mention, neither verbally nor in writing, of extra costs or anything similar. And now this change is costing us 3,000€ (about 3,300 USD) more.
I am absolutely frustrated – if we had known this, we would have avoided choosing parquet.
There are one or two other issues that don’t seem right, but this one annoys me the most.
What should I do???
During the construction phase, we decided to go with a parquet stair covering instead of tiles. There was never any mention, neither verbally nor in writing, of extra costs or anything similar. And now this change is costing us 3,000€ (about 3,300 USD) more.
I am absolutely frustrated – if we had known this, we would have avoided choosing parquet.
There are one or two other issues that don’t seem right, but this one annoys me the most.
What should I do???
A
Alessandro8 May 2020 14:02That is correct. If the contractor has only verbally announced that there will be additional costs, that is already sufficient. However, it is clearly stated that the announcement MUST be made.
This concerns a changed service according to § 2 (5) VOB/B "changed service." The contractor is entitled to a different price if this was agreed upon in advance. Since the execution of the service aligned with the presumed intention of the clients, the claim remains valid. Therefore, a claim of €49.90 for the sample parquet minus €30.00 for tiles already included, resulting in €19.90 per square meter, could exist. I would assume the working time to be the same. I would pay the amount without admitting any legal obligation; the contractor would have to sue for the remainder. If necessary, you can still pay it during the court hearing. However, many do not choose this route.
Vicky Pedia schrieb:
If necessary, you can still pay it at the court hearing.Plus how much in fees?Well, none. The other party will file the lawsuit. He will not sue; the litigation risk is too high. He will always seek an amicable settlement.