ᐅ Firing a Construction Manager Due to Poor Performance – Is It Possible?
Created on: 9 Jan 2018 11:22
T
TomBrady12
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
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
T
TomBrady1210 Jan 2018 11:49Hello everyone,
Thank you for the feedback. The contract with the construction manager is set up so that he has already received a down payment. He will receive the remaining amount upon completion. The contract with the construction company was designed so that we only need to move in.
He has lied to us in the following ways:
- Missed deadlines due to being stuck in traffic (was actually out having dinner with his wife)
- Forgot the red sticker on the car (upon inquiry with the authority, the application had not yet been submitted)
He is not fulfilling his responsibilities:
- Submitted applications for gas, water, electricity, and telecommunications too late, causing further delays
- Demands payment from subcontractors we brought in through contacts
- Provides only one quote for necessary work, offering no option for comparison
- Meeting minutes are completely missing
- Purchased an oversized water storage tank and additional roof panels without our approval
- The roofer’s quote, from a person who has been trying to complete the roof for 4 months (!!) (incompetent and unreliable), is flawed and incomplete
The following tasks still need to be completed in the house:
Roof completion
Roof insulation
Screed
Tiles
Gas, water, electricity, telecommunications connections
Suspended ceiling
Stair railing
Tiling, etc.
External insulation, plaster
Thank you for the feedback. The contract with the construction manager is set up so that he has already received a down payment. He will receive the remaining amount upon completion. The contract with the construction company was designed so that we only need to move in.
He has lied to us in the following ways:
- Missed deadlines due to being stuck in traffic (was actually out having dinner with his wife)
- Forgot the red sticker on the car (upon inquiry with the authority, the application had not yet been submitted)
He is not fulfilling his responsibilities:
- Submitted applications for gas, water, electricity, and telecommunications too late, causing further delays
- Demands payment from subcontractors we brought in through contacts
- Provides only one quote for necessary work, offering no option for comparison
- Meeting minutes are completely missing
- Purchased an oversized water storage tank and additional roof panels without our approval
- The roofer’s quote, from a person who has been trying to complete the roof for 4 months (!!) (incompetent and unreliable), is flawed and incomplete
The following tasks still need to be completed in the house:
Roof completion
Roof insulation
Screed
Tiles
Gas, water, electricity, telecommunications connections
Suspended ceiling
Stair railing
Tiling, etc.
External insulation, plaster
B
Bieber081510 Jan 2018 14:23That sounds quite complicated—where should one even begin? What does the insolvency administrator say?
Time to consult a (specialized) lawyer!
Time to consult a (specialized) lawyer!
T
TomBrady1210 Jan 2018 14:26We have submitted our claims in an application to the insolvency administrator. So far, there has been no response.
B
Bieber081510 Jan 2018 17:18In my opinion, the greater risk is that the insolvency administrator may have claims.
T
TomBrady1211 Jan 2018 12:06@Eldea No, the construction manager has nothing to do with this company.
@Bieber0815 Is there a possibility to put the construction manager in default? What claims should the insolvency administrator receive? Which specialist lawyer should we consult? Construction law? Contract law?
@Bieber0815 Is there a possibility to put the construction manager in default? What claims should the insolvency administrator receive? Which specialist lawyer should we consult? Construction law? Contract law?
Similar topics