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?
H
hampshire28 Nov 2021 14:16Hausbau0815 schrieb:
If you only knew ....., that’s far from everything.I am following your thread with great interest, empathy, and respect for your determination. That means I certainly don’t know everything yet. So it surprises me that you are opening another potentially vulnerable front that you will have to fight on.
Hausbau081528 Nov 2021 14:39barfly666 schrieb:
Especially with the amount in dispute, this can really go wrong...
If you already know beforehand that you will lose, why let it escalate to a lawsuit? Not very smart. Why not pay the 1600 under reservation or partially pay under reservation, stating that the amount in dispute is not that high? With a disputed amount of 129,000 you can expect quite a few lawyers to be interested in your money... The first instance alone costs 17,000€. Oh dear. That is incorrect. To prevent exactly that from happening, we had him file the lawsuit.
Hausbau0815 schrieb:
I am currently being sued by my former lawyer because I didn’t pay his last invoice, which he sent a full 18 months after the service was provided. It’s only about €1,600 (approximately $1,700), and I will probably lose that case. However, I plan to countersue him for poor service and claim damages of €129,000 (approximately $138,000), from which he can then deduct the €1,600 (approximately $1,700). As far as I know, a lawyer has up to 36 months to make a claim before it expires. Intentionally losing a case doesn’t seem wise, because besides the €1,600 (approximately $1,700), you would also have to cover all related costs. I don’t think you will get that money back.
Hausbau081528 Nov 2021 14:43Tassimat schrieb:
As far as I know, a lawyer has up to 36 months before their claim expires. I don’t think intentionally losing a case is wise, because besides the €1600, you will also have to cover all the associated costs. I doubt you will get that money back. The wording of my response to the lawsuit is as follows: "Therefore, I consider this to be poor workmanship or defective performance (§611 Building Code) by the plaintiff. Due to this poor performance, the defendant has suffered damages, and with regard to the plaintiff’s cost statement, I assert a right of retention and, alternatively, set off the claim."
I am not claiming that his demand has expired, but 18 months still seems excessive to me. However, don’t worry, he has still made a good profit from us and even more from our former opposing party in that case. Unfortunately, though, he apparently lost interest in properly seeing it through.
Hausbau0815 schrieb:
I am currently being sued by my former lawyer, Somehow it reminds me of "Tiger King." With every episode, you think it can’t get any more absurd, only to be proven wrong in the next one.
Hausbau0815 schrieb:
No, I will handle this myself from the outside, with some friendly support in the background.One thing kept bothering me while vacuuming, so I quickly looked it up again: Isn’t there a legal requirement to have a lawyer involved starting from a dispute value of 5,000€ (approximately $5,500)?