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
B
Bieber081511 Jan 2018 13:34Specialized construction law attorney. Bankruptcy does not automatically terminate a construction contract. There may still be a right to performance and, of course, payment under the existing contract. Continuing construction “just like that” after a bankruptcy can lead to problems. You can research a bit online, but in my opinion, it is better to consult a specialized construction law attorney immediately upon becoming aware of the bankruptcy (at the first signs). The rule here is: better late than never.
Regarding the construction manager: No idea… Why would they have a “red sticker” on their vehicle if the shell structure has already been built? I don’t understand your descriptions. However, I don’t think it makes sense to analyze this further here (I lack enough expertise and, in my opinion, you haven’t provided sufficiently clear information). Get advice based on the actual contracts that have been signed!
Regarding the construction manager: No idea… Why would they have a “red sticker” on their vehicle if the shell structure has already been built? I don’t understand your descriptions. However, I don’t think it makes sense to analyze this further here (I lack enough expertise and, in my opinion, you haven’t provided sufficiently clear information). Get advice based on the actual contracts that have been signed!
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TomBrady1213 Jan 2018 01:03Hello everyone,
This has gone way too far. Today, contractors showed up at the house wanting to install the external insulation. I never authorized this work at any point. I expressed my disappointment and surprise to the site manager without raising my voice or being rude. I told him that we need to discuss whether it might be better to part ways. His response was, "If that’s how you see it, then we will do that."
After that, I received the following message.
Dear Mr. ...,
As discussed with you by phone, we are terminating the site management contract for extraordinary cause. You will receive the official termination by mail within the next few days.
Does the site manager still have any claim to his fee after this extraordinary termination, or should we also send him an extraordinary termination letter by registered mail tomorrow?
This has gone way too far. Today, contractors showed up at the house wanting to install the external insulation. I never authorized this work at any point. I expressed my disappointment and surprise to the site manager without raising my voice or being rude. I told him that we need to discuss whether it might be better to part ways. His response was, "If that’s how you see it, then we will do that."
After that, I received the following message.
Dear Mr. ...,
As discussed with you by phone, we are terminating the site management contract for extraordinary cause. You will receive the official termination by mail within the next few days.
Does the site manager still have any claim to his fee after this extraordinary termination, or should we also send him an extraordinary termination letter by registered mail tomorrow?
T
toxicmolotof13 Jan 2018 01:45You should urgently, that is, on MONDAY, consult a specialist construction lawyer with all the documents, contracts, and whatever else you have.
One risk hasn’t even been resolved, and you’re already opening another money pit.
No one here can help you. Any recommendation without complete knowledge would be negligent, and legal advice can only be given by someone qualified, meaning a lawyer.
Any advice here about what to do clearly counts as legal advice, and the person giving it is liable for their responses.
Why don’t you listen to the contributors here? Instead, you keep asking new questions.
I see claims from the insolvent company coming your way, as well as claims from the site manager. Only a lawyer can assess these.
In the end, you’ll end up paying four times for the same issue. That only makes me shake my head.
One risk hasn’t even been resolved, and you’re already opening another money pit.
No one here can help you. Any recommendation without complete knowledge would be negligent, and legal advice can only be given by someone qualified, meaning a lawyer.
Any advice here about what to do clearly counts as legal advice, and the person giving it is liable for their responses.
Why don’t you listen to the contributors here? Instead, you keep asking new questions.
I see claims from the insolvent company coming your way, as well as claims from the site manager. Only a lawyer can assess these.
In the end, you’ll end up paying four times for the same issue. That only makes me shake my head.
B
Bieber081515 Jan 2018 08:17toxicmolotow schrieb:
Any advice here about what to do clearly constitutes legal advice, and the person giving it is liable for their responses.I doubt that, but I agree with you on all other points.B
Baumfachmann15 Jan 2018 11:41In this situation, no discussion in the forum will help. As an expert, I strongly advise consulting a specialized lawyer. Even if it is difficult, you should invest the money—experts and lawyers are usually only consulted when it is too late. Buying a house involves a significant amount of money, so you should consider whether you prefer damage control or following advice from non-professionals.
Taking risks is definitely the wrong approach.
Good luck, and don't let it get you down.
Taking risks is definitely the wrong approach.
Good luck, and don't let it get you down.
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