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?
So, once again... for clarification
An email can be ignored. But yes: it is relevant for later lawyer trouble files. But at the latest then, informality will become an issue. It may be true that emails have gained new importance in the last 10 years and are sufficient for smaller matters, but when it comes to canceling expensive contracts or pointing out a defect in house construction, I would question the use of email — especially since a letter has completely different, i.e., formal, elements.
SuJaDe1 schrieb:
There were already disagreements during the planning phase, and we had several emails and escalation meetings
ypg schrieb:
I have to mention here that writing an email when you want to complain or express dissatisfaction is certainly easier than shouting, but an email is the worst form of communication overall.
hampshire schrieb:I did not mean correspondence, recording of conversations, agreements, or similar, but exactly what I wrote: in cases of "complaint or dissatisfaction"! I could also write deficiencies or defects. That might be clearer, since one does not handle those via email, because then the formal procedure for official defect notification is not observed. After all, that procedure triggers a business process.
I write such an email after every conversation,
An email can be ignored. But yes: it is relevant for later lawyer trouble files. But at the latest then, informality will become an issue. It may be true that emails have gained new importance in the last 10 years and are sufficient for smaller matters, but when it comes to canceling expensive contracts or pointing out a defect in house construction, I would question the use of email — especially since a letter has completely different, i.e., formal, elements.
H
hampshire2 Dec 2021 17:06ypg schrieb:
It may be that email has gained new importance over the past 10 yearsThat’s true. When a dispute between the client and the construction company goes to court, the course and escalation of the conflict are analyzed. Emails and behavior play a significant role in the judge’s evaluation.
Email communication now plays a key role as a written medium. My advice is to manage it carefully from the very beginning—nothing more.
In business, even large transactions are conducted securely enough through electronic media. Paper is still used, as you mentioned, for contracts, deadlines, and terminations—but rarely for meeting minutes—even when large sums are involved.
Most of the paperwork that private individuals deal with primarily serves to protect the non-private counterpart, who must comply with extensive consumer protection regulations in this relationship.
hampshire schrieb:
Email communication now plays an important role as a written record. My advice is to handle it carefully from the start—nothing more.What do you think? Nowadays, should an official defect notice, which is otherwise sent by registered mail, be sent by email?
Hausbau08152 Dec 2021 21:57Yes! According to Dr. Max Greger: For contracts between contractors and consumers – since October 1, 2016, according to § 309 No. 13 of the Building Code – standard terms and conditions may no longer require written form for declarations, but only “text form” (§ 126b Building Code) (this includes, among others: e-mail, fax, scan)! With this, the legislator has codified what was already established by court rulings.
H
hampshire2 Dec 2021 23:12ypg schrieb:
Is it still appropriate nowadays to send an official notice of defects, which is otherwise sent by registered mail, by email? As I wrote: Email is useful to establish clarity and keep a record—even if the recipient does not respond. That was the starting point. I have nothing against postal mail. I am capable of considering “both and.”
Hausbau0815 schrieb:
For contracts between businesses and consumers – since October 1, 2016, according to § 309 No. 13 of the Building Code: General terms and conditions can no longer require written form for declarations, but only “text form” (§ 126b Building Code) (which includes, among others: email, fax, scan) Thanks for looking that up.
Oh dear, what a difficult situation...
What is your main goal right now? What do you want to achieve?
- Complete the construction as quickly as possible
- Eliminate all defects completely (balcony)
- Avoid paying any additional costs
- Terminate the contract as soon as possible and continue with your own tradespeople
Of course, all these points would be ideal, but on the other hand, it shouldn't drag on forever.
How much money is involved at this point? How high are the additional claims? How much money has been withheld due to the defects? How much is still outstanding?
What does your lawyer recommend?
Personally, I would send the next correspondence through a lawyer. Otherwise, I don’t think you’ll make any progress with the general contractor. He’s basically blackmailing you unfairly: you have to reserve rooms for tradespeople (!) and then he threatens not to come unless you pay extra costs... totally crazy. Anyway... no lawyer without a clear strategy and don’t demand everything at once.
What is your main goal right now? What do you want to achieve?
- Complete the construction as quickly as possible
- Eliminate all defects completely (balcony)
- Avoid paying any additional costs
- Terminate the contract as soon as possible and continue with your own tradespeople
Of course, all these points would be ideal, but on the other hand, it shouldn't drag on forever.
How much money is involved at this point? How high are the additional claims? How much money has been withheld due to the defects? How much is still outstanding?
What does your lawyer recommend?
Personally, I would send the next correspondence through a lawyer. Otherwise, I don’t think you’ll make any progress with the general contractor. He’s basically blackmailing you unfairly: you have to reserve rooms for tradespeople (!) and then he threatens not to come unless you pay extra costs... totally crazy. Anyway... no lawyer without a clear strategy and don’t demand everything at once.