ᐅ Interior plastering: contractor suddenly demands more money

Created on: 19 Feb 2015 13:31
B
benni-co
B
benni-co
19 Feb 2015 13:31
Hello,

the interior plastering is currently being applied, and I have noticed some defects while the workers are now asking for more money.

Initially, the company made me an offer that I did not agree with—amount X per square meter per centimeter. We then verbally agreed on amount X per square meter only. Now the plastering is almost finished, and the worker suddenly wants to charge amount X per square meter per centimeter again. Is this legal? That would mean I have to pay more than double. Furthermore, the offer stated that the walls would be smoothly plastered but did not specify Q3 or Q4 grading. Unfortunately, the plaster is uneven in many places, so I need to have rework done before painting. The garage driveway is completely dirty with plaster because of sloppy work.

In addition, the plasterer scratched several windows on the interior reveals.

I told the company to stop and said I will only pay once the damages have been fixed and everything is cleaned up. I will pay only what we agreed on so far and have an expert assess the damages. How should I proceed?

The work is 80% completed, and today the workers begged to continue and carried on even though I no longer wanted them to.

Good luck

benni-co
B
Bauexperte
19 Feb 2015 14:07
Hello Benni,
benni-co schrieb:

At first, the company gave me an offer that I did not agree with, amount X per square meter per centimeter, then we verbally agreed on amount X per square meter. Now the plastering is almost finished and the craftsman suddenly wants amount X per square meter and per centimeter again. Is that legal?
Morally, probably not. However, lawyers will not judge the morality of their clients but whether their actions align with the signed contracts. So, the key question is: can you prove that a verbal contract, different from the written offer, was made?
benni-co schrieb:

I told the company to stop, said I would only pay once the damages were repaired and everything cleaned up. I will only pay what we have agreed on so far and will hire an expert for the damages. How should I proceed?
What good is an expert if the contractual situation is not even clarified yet?
benni-co schrieb:

The work is about 80% complete, and today the workers begged to continue, and they did even though I no longer wanted them to.
In that case, you should have been more firm and exercised your right over your property!

Everything sounds quite confusing and, honestly, rather naive. I think the most sensible approach, also to save more money, would be to sit down with the company owner (or did you negotiate the finishing work with one of their employees?) and find a way to resolve the matter. And importantly: this time, do not waive the written form—such an agreement should be documented in writing!

Best regards, Bauexperte
B
benni-co
19 Feb 2015 14:41
Hello,

thank you for the quick reply.
The craftsman working in the house is also the company owner, a sole proprietor.

I have a witness who was present and could confirm this. Otherwise, we have nothing in writing.

Regarding the damages, he was the only one working in the house at that time.

Unfortunately, I was really too naive; now it’s too late.

What should I put in writing for the agreement now?

Good luck
benni-co
B
Bauexperte
19 Feb 2015 14:57
Hello Benni,
benni-co schrieb:

What exactly should I put in writing regarding the agreement now?
You should record the final agreed amount for the services and how any existing defects will be handled. You’ll probably have to accept the dirt on the driveway if the rest of the negotiation ends in mutual satisfaction.

Regards, Bauexperte
B
benni-co
19 Feb 2015 15:55
Thank you for the information,

what happens if we cannot reach an agreement?
What alternatives do I have?

Good luck

Benni
B
Bauexperte
19 Feb 2015 16:14
In your unclear "business relationship"? Probably just the commissioning of a lawyer.

Regards, Bauexperte