ᐅ Plastering company does not dispose of the waste – should I sue the company?
Created on: 21 Dec 2017 11:54
N
nistibee
So, now about the tradespeople at my site. The plastering company, which finished a while ago, has now sent the final invoice. Invoices always go through the architect first, who reviews them and then forwards them to me. However, the plastering company has left a lot of debris behind. The architect has been in contact, both verbally and in writing, with the head of the plastering company for some time, insisting that they clean up the debris before the final payment is made, and has even sent excerpts from the contract conditions (VOB) showing that this is their responsibility. The company refuses to do so. The architect has now suggested deducting a flat fee from the final invoice to cover the cost of disposal by an external company and has informed the plastering company accordingly. Their response was:
Good day,
we are prepared to take this to court as we have already been through a lot, for example:
- additional discount even though our prices were good
- we couldn’t work on the site continuously and therefore had problems with other projects
- we disposed of most of the construction debris ourselves!
Anyway, do what you think is right and we will react accordingly.
It’s a pity you probably think we are a bad company now, but put yourself in our position. We made almost no profit on this site because we kept our prices low.
It was the first project we did together. If we do another one, this won’t happen again because we will make sure.
Great. Are they just bluffing or what do you think? I really don’t want to spend money on lawyers over this nonsense. What would you do?
By the way, it was never agreed that the site would be completed all at once.
Good day,
we are prepared to take this to court as we have already been through a lot, for example:
- additional discount even though our prices were good
- we couldn’t work on the site continuously and therefore had problems with other projects
- we disposed of most of the construction debris ourselves!
Anyway, do what you think is right and we will react accordingly.
It’s a pity you probably think we are a bad company now, but put yourself in our position. We made almost no profit on this site because we kept our prices low.
It was the first project we did together. If we do another one, this won’t happen again because we will make sure.
Great. Are they just bluffing or what do you think? I really don’t want to spend money on lawyers over this nonsense. What would you do?
By the way, it was never agreed that the site would be completed all at once.
How much money are we talking about?
As I said, you can withhold it, and I would do the same. No one sues over $500, and for amounts like the ones casually mentioned here, I wouldn’t need a lawyer either.
Just be aware that they will be even less willing to honor any warranty if it needs to be claimed.
As I said, you can withhold it, and I would do the same. No one sues over $500, and for amounts like the ones casually mentioned here, I wouldn’t need a lawyer either.
Just be aware that they will be even less willing to honor any warranty if it needs to be claimed.
H
HilfeHilfe21 Dec 2017 17:59What does disposal cost? Weigh lawyer and court fees against disposal costs. You have to cover the costs yourself first and then take legal action.
The costs are quite manageable.
It’s best to get a cost estimate and then deduct double that amount from the plasterer’s final invoice. At the same time, formally request that the contracted work (including cleanup) be completed properly, setting a deadline and so on.
In Germany, it’s quite simple: the one who wants the money ends up being the loser!
As long as you don’t pay, they have to cover all the expenses upfront to even try to claim their right (which they don’t really have). You don’t initially need a lawyer for this, and it would be too much trouble anyway.
It’s best to get a cost estimate and then deduct double that amount from the plasterer’s final invoice. At the same time, formally request that the contracted work (including cleanup) be completed properly, setting a deadline and so on.
In Germany, it’s quite simple: the one who wants the money ends up being the loser!
As long as you don’t pay, they have to cover all the expenses upfront to even try to claim their right (which they don’t really have). You don’t initially need a lawyer for this, and it would be too much trouble anyway.
How large is the "pile"? It might not even be worth mentioning, since a construction waste container and possibly a general waste container belong on any normal building site anyway. Handling everything yourself and cleaning it up is necessary only if you want to be "right at all costs."