ᐅ Firing a Construction Manager Due to Poor Performance – Is It Possible?

Created on: 9 Jan 2018 11:22
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TomBrady12
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TomBrady12
9 Jan 2018 11:22
Hello everyone,

After our construction company filed for bankruptcy following the completion of the shell construction, we hired a site manager. This contract amounts to 9,000 EUR. He has already received an advance payment. Unfortunately, he is not fulfilling his duties and is also being dishonest. Is there any way to terminate this contract without having to pay the site manager in full?

Best regards
Mycraft9 Jan 2018 11:45
We definitely need more information for that...
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TomBrady12
9 Jan 2018 11:47
What other information do you need?
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HilfeHilfe
9 Jan 2018 12:41
Which obligations, where has he (provenly) lied.

You really need facts here. Possibly important for you: evidence in a worst-case scenario (court).
blaupuma9 Jan 2018 21:34
Which construction company has filed for bankruptcy?
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Bieber0815
10 Jan 2018 08:28
TomBrady12 schrieb:
Is there any way to get out of this contract without having to fully pay the site manager?

Of course, that depends!

Short answer: Consult a construction law specialist for advice.

Longer explanation:
- If the site manager is not fulfilling their duties, you might be able to let it go since they are usually paid based on effort/progress and not a flat fee without results. However, we do not know the exact wording of your contract...
- What attempts at an amicable resolution have already been made?
- Has the site manager been put in default? What services have been provided, what is still outstanding, and what was agreed upon?

TomBrady12 schrieb:
After our construction company filed for insolvency following the completion of the shell construction, we brought in a site manager.

Is that brief summary the full story? What about the original contract? Was the shell construction contract fulfilled, or are there still outstanding tasks? Has the contract been terminated?