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?
M
Myrna_Loy2 Dec 2021 11:11hampshire schrieb:
This is a matter of wording, as a non-response can be used to your advantage.
If you document something and explicitly add at the end of the email, "If I have misunderstood or misrepresented anything from your perspective, please correct me," then a non-response effectively serves as implicit confirmation for the record. This way, even without a reply, you have made progress and are better prepared in case of a legal dispute. Alternatively, after a phone call, you can summarize the conversation in an email and include a similar "silence implies consent" statement. This is the favorite tool of our construction lawyer. 🙂
H
hampshire2 Dec 2021 11:13Myrna_Loy schrieb:
Alternatively, after a phone call, the conversation can be summarized in an email, including a similar "silence implies consent" clause. This is the favorite tool of our construction law expert. 🙂That was exactly the idea. My suggested wording is very polite yet sharp and precise.
hampshire schrieb:
This way, even without a response, you have made progress and are, if necessary, better prepared for legal proceedings., provided that delivery can be proven.https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
11ant schrieb:
, provided that delivery can be verified.Do professional email programs like Notes or Outlook not have a read receipt function?
Asuni schrieb:
Don’t professional email programs like Notes or Outlook have a read receipt function?I can also just handle the note "the sender requests a read receipt" by clicking "ignore," so the sender won’t receive one.https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
H
hampshire2 Dec 2021 15:2011ant schrieb:
, as long as the delivery can be verified.That would be better, but it is not that important. I write such an email after every conversation where important information needs to be documented, because besides creating a record, it also helps to avoid communication misunderstandings at a very early stage.
With an email, you can still claim non-receipt somehow. With five or more emails of this kind, it becomes more difficult, as it creates a very different impression—especially if email communication once worked from the address provided.