ᐅ Maintenance Contract for Temporary Construction Power Distribution Unit
Created on: 3 Oct 2023 17:06
G
Gregor_K
We were offered a maintenance contract for the temporary power distribution box. The maintenance is supposed to be carried out monthly, and an inspection report will be created. Cost per month: 142.80€.
Is such a maintenance contract necessary?
Is such a maintenance contract necessary?
R
RotorMotor5 Oct 2023 14:45@xMisterDx thanks for the reference.
However, I interpret it only as meaning that the construction contract did not clearly specify who is responsible for temporary construction power, and therefore the court doubts the legal validity.
It was not ruled that temporary construction power is fundamentally not allowed on the construction site due to immorality or similar reasons.
So, as I mentioned above, it depends on the provisions in the construction contract, which must be clearly worded.
Disclaimer: No legal advice
However, I interpret it only as meaning that the construction contract did not clearly specify who is responsible for temporary construction power, and therefore the court doubts the legal validity.
It was not ruled that temporary construction power is fundamentally not allowed on the construction site due to immorality or similar reasons.
So, as I mentioned above, it depends on the provisions in the construction contract, which must be clearly worded.
Disclaimer: No legal advice
X
xMisterDx5 Oct 2023 20:30Well. In this case, it was specifically stated in the general terms and conditions of the construction company.
If you follow the court’s reasoning, then the contractor cannot pass on any obligations to the client that are absolutely necessary to fulfill the scope of their contract. Presumably, this is because the private client is a layperson who cannot be expected to know or fully understand many aspects; I can follow that argument.
But if this precedent holds... well... then you basically wouldn’t be allowed to sell anything to a private consumer that they don’t understand 100%. That would pretty much be the end of this business sector...
If you follow the court’s reasoning, then the contractor cannot pass on any obligations to the client that are absolutely necessary to fulfill the scope of their contract. Presumably, this is because the private client is a layperson who cannot be expected to know or fully understand many aspects; I can follow that argument.
But if this precedent holds... well... then you basically wouldn’t be allowed to sell anything to a private consumer that they don’t understand 100%. That would pretty much be the end of this business sector...
R
RotorMotor5 Oct 2023 20:42xMisterDx schrieb:
Well. Specifically, in this case, it was stated in the general terms and conditions of the construction company. the contractual provision in clause II. of the construction contract, stating that temporary construction power is provided by the client ...
how do you come to terms and conditions?
xMisterDx schrieb:
If you follow the court’s reasoning, then the contractor cannot shift any services onto the client that are absolutely necessary to complete the scope of work. That’s nonsense. We have freedom of contract in Germany.
The contract just needs to be clear, but it is certainly possible to agree that temporary construction power is the client’s responsibility or that the base slab or even the civil engineering work is on the client.
X
xMisterDx5 Oct 2023 21:10RotorMotor schrieb:
(...)
how do you come to the terms and conditions?
(...)Because the comments on the ruling explicitly refer to them.
schubert796 Oct 2023 08:08I’ve never heard such nonsense. Maintenance for a temporary power meter… now that’s my kind of humor! That thing is outside in wind, weather, rain, and snow. The only one who benefits from your maintenance contract is your general contractor’s wallet.
schubert79 schrieb:
I've never heard such nonsense before. Maintenance for a construction site power meter… that's just my kind of humor! The device is outdoors in all kinds of weather – wind, rain, snow. The only one benefiting from your maintenance contract is your general contractor's wallet. What I found interesting was the sticker that the original poster photographed on the temporary power box. It seems like it was "maintained" regularly. All the previous homeowners must have blindly paid for that monthly?
Similar topics