ᐅ Cost Overrun Breakdown – Outrageous!

Created on: 28 Apr 2020 13:01
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Anne1983
After several requests, the additional cost statement finally arrived today. One item is completely unacceptable – the extra charge for parquet stair covering!

During the construction phase, we decided to go with a parquet stair covering instead of tiles. There was never any mention, neither verbally nor in writing, of extra costs or anything similar. And now this change is costing us 3,000€ (about 3,300 USD) more.

I am absolutely frustrated – if we had known this, we would have avoided choosing parquet.

There are one or two other issues that don’t seem right, but this one annoys me the most.

What should I do???
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Alessandro
8 May 2020 14:02
That is correct. If the contractor has only verbally announced that there will be additional costs, that is already sufficient. However, it is clearly stated that the announcement MUST be made.
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guckuck2
8 May 2020 15:29
Especially since VOB is rarely (effectively) agreed upon with private builders
Vicky Pedia8 May 2020 16:43
This concerns a changed service according to § 2 (5) VOB/B "changed service." The contractor is entitled to a different price if this was agreed upon in advance. Since the execution of the service aligned with the presumed intention of the clients, the claim remains valid. Therefore, a claim of €49.90 for the sample parquet minus €30.00 for tiles already included, resulting in €19.90 per square meter, could exist. I would assume the working time to be the same. I would pay the amount without admitting any legal obligation; the contractor would have to sue for the remainder. If necessary, you can still pay it during the court hearing. However, many do not choose this route.
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Fuchur
8 May 2020 17:56
Vicky Pedia schrieb:

If necessary, you can still pay it at the court hearing.
Plus how much in fees?
Vicky Pedia8 May 2020 18:27
Well, none. The other party will file the lawsuit. He will not sue; the litigation risk is too high. He will always seek an amicable settlement.
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Fuchur
8 May 2020 18:28
Huh? You wrote that you would pay on time if necessary. That only makes sense if the other party has a claim, meaning you are at fault. And a settlement usually involves sharing the costs.

For the disputed amount, the fees are higher than the value in dispute.