Hello,
we are building a prefabricated timber frame house on the Swabian Jura and, after some disputes and stress with the manufacturer (from near Passau), have now received a letter stating that they will stop work immediately until the issues are resolved.
The manufacturer still needs to complete ceiling work, sanitary enclosures, flooring, stairs, and doors. Completion was planned for this year.
What options do I have as the client to ensure that the work is finished as planned this year?
we are building a prefabricated timber frame house on the Swabian Jura and, after some disputes and stress with the manufacturer (from near Passau), have now received a letter stating that they will stop work immediately until the issues are resolved.
The manufacturer still needs to complete ceiling work, sanitary enclosures, flooring, stairs, and doors. Completion was planned for this year.
What options do I have as the client to ensure that the work is finished as planned this year?
hampshire schrieb:
Going to a lawyer often sounds like "let them enforce this for you." That is a different task, and I recommend being cautious with it. Exactly. If you approach a lawyer with the working assumption "the other party is wrong" and the assignment "so beat them with legal briefs," a good lawyer will always respond with "counterproposal: I will get the best outcome for you." It is better to proceed with the mindset "in doubt, favor the client, but without losing sight of the goal" rather than engaging in "warfare on the most confrontational collision course possible." A good lawyer does not stand in the way if their client comes to realize that they might not (solely) be right.
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Hausbau081528 Nov 2021 13:16Snowy36 schrieb:
I am currently involved in my second legal case related to house buying and building, and from my experience, no lawyer so far has ever tried to advise their client to hold back. Why would they? They get paid anyway.
I can’t otherwise explain why, in the first case, the lawyer didn’t warn their client (the opposing party) that what they were doing might end up costing a lot (up to 100,000 €), or why the lawyer for party two in the next case didn’t advise their client to give up on claiming the unpaid invoice, since pursuing it will cost them a lot of money instead of getting paid.
It was also completely ignored that there are always two parties involved. What good is it if one party is skilled in non-violent communication, but the other just attacks aggressively, convinced they know everything because they’ve already built 100 houses and you haven’t built any yet?I can fully confirm that. I am currently being sued by my former lawyer because I didn’t pay his last invoice, which he sent us a full 18 months after the services were provided. It’s only about a modest 1,600 € (approximately 1,680 USD) and I will lose that case, but I will then counter-sue him for poor service and claim damages of 129,000 € (approximately 135,000 USD), from which he would then have to deduct the 1,600 € (approximately 1,680 USD).
Hausbau081528 Nov 2021 13:2111ant schrieb:
Exactly. If you approach a lawyer with the working assumption "the other party is stupid" and the instruction "go ahead and overwhelm them with legal briefs," a good lawyer will always respond with "counterproposal: I’ll get the best possible outcome for you." It’s better to follow the principle "in doubt, favor the client, but don’t lose sight of the goal" rather than engaging in a confrontational, maximum-conflict approach. A good lawyer does not stand in the way of their client realizing they might not be completely (or solely) right.And how do you know if you have a good lawyer? You only realize that afterward. Recommendations can be tricky, too. I once had a bad experience with a lawyer who was recommended to me by a friend.H
hampshire28 Nov 2021 13:35Hausbau0815 schrieb:
It’s just about a measly 1,600 € and I’ll lose that too, but then I’ll sue him for poor workmanship and claim damages of 129,000 €, from which he can then deduct the 1,600 €.And with the “poor workmanship” lawsuit having an uncertain outcome, the next lawyer makes money too? You really want to get into this.Hausbau081528 Nov 2021 13:47If you only knew..., that’s far from everything. After 3.5 years of construction, I have gained deep insight into the building industry. No, I am going to handle this project on my own externally, with friendly support behind the scenes.
B
barfly66628 Nov 2021 14:14hampshire schrieb:
And with a "poor performance lawsuit" that has an uncertain outcome, does the next lawyer also get their cut? You really want to find out, don’t you. Especially with that amount in dispute, it can really go badly….
If you already know you’re going to lose, why let it go all the way to a lawsuit? Not very smart. Why not pay the 1600 euros (about 1700 USD) under reservation or partially contest the payment on the basis that the amount in dispute is not that high? With a dispute value of 129,000 euros (about 137,500 USD), quite a few lawyers will be happy to take your money…. In the first instance alone, the fees are already 17,000 euros (about 18,000 USD). Oh dear.