ᐅ Contract for Work and Services – What Is the Typical Timeframe?
Created on: 19 Mar 2012 14:21
R
rapunzelB
Bauexperte19 Mar 2012 15:08Hello,
There are no "deadlines" in the literal sense; I assume you mean the construction period? What exactly would you like to know?
Best regards
rapunzel schrieb:
Does anyone know how long the deadline is for a work contract? Has anyone had experience getting out of such a contract?
There are no "deadlines" in the literal sense; I assume you mean the construction period? What exactly would you like to know?
Best regards
If you have signed a fixed-price contract, it will also specify the deadlines that must be met.
With reliable providers, the contract often includes a right of withdrawal, which is linked to certain conditions. However, this must be created and signed separately from the fixed-price contract.
For example, we requested a right of withdrawal in case we were unable to secure suitable financing or find a plot of land that was affordable for us. Since we found both, we then formally waived this condition in writing.
If we wanted to cancel now, we would either have to hope the house builder shows leniency, agree on a settlement amount, or, as stipulated in the contract, pay 8.5% withdrawal fees.
With reliable providers, the contract often includes a right of withdrawal, which is linked to certain conditions. However, this must be created and signed separately from the fixed-price contract.
For example, we requested a right of withdrawal in case we were unable to secure suitable financing or find a plot of land that was affordable for us. Since we found both, we then formally waived this condition in writing.
If we wanted to cancel now, we would either have to hope the house builder shows leniency, agree on a settlement amount, or, as stipulated in the contract, pay 8.5% withdrawal fees.
Hello, we want to cancel the contract because we signed it 1¼ years ago, and much was promised to us, but nothing has been fulfilled. We are now at our fourth building plot, and the financing is not working out as they had calculated for us. However, if we cancel, they want 15% cancellation fees, and we have already paid 5,000 euros—what for? We are stuck, unable to move forward or backward. We also consulted a lawyer, who wants 2,500 euros to sue for the 5,000, but it is not certain that this will be straightforward. So, it will most likely have to be settled in court, and then I would end up spending even more money. Best regards
B
Bauexperte20 Mar 2012 15:04Hello,
That unfortunately does not sound good – but in this case, there are no special deadlines, only those you contractually agreed to.
Should I understand your reply above to mean that your contractual partner can offer you plots indefinitely?
You did not sign any rights to withdraw based on the financing?
What percentage do the 5,000 euros (approx. 5,500 US dollars) represent in relation to the construction contract?
Kind regards
rapunzel schrieb:
Hello, we want to cancel the contract because we signed it 1 1/4 years ago. We were promised so much, but nothing has been fulfilled. We are now already at our 4th building plot, and the financing does not work out as they calculated for us. However, if we cancel, they want to charge us 15% withdrawal fees. We have already paid 5,000 euros (approx. 5,500 US dollars) – for what exactly? We are fully involved, can neither move forward nor back, and we also visited a lawyer who wants 2,500 euros (approx. 2,750 US dollars) to sue for the 5,000 euros, but it is not certain if this will be that simple. So it will most likely be settled in court, and then I will have to invest even more money? Best regards
That unfortunately does not sound good – but in this case, there are no special deadlines, only those you contractually agreed to.
Should I understand your reply above to mean that your contractual partner can offer you plots indefinitely?
You did not sign any rights to withdraw based on the financing?
What percentage do the 5,000 euros (approx. 5,500 US dollars) represent in relation to the construction contract?
Kind regards
That sounds like a pretty unscrupulous tactic. Pressuring you to sign quickly, then demanding very high cancellation fees.
That's how they generate sales without actually delivering anything.
Without knowing your contract, no one can really help you here. But you have to accept that you didn’t negotiate a cancellation clause. Given that amount, without owning the land or having your financing secured, it was more than careless or trusting.
The contract has now been signed and is legally binding, unless there were errors made or you can prove you were deceived.
We also don’t know exactly what was not delivered. If there truly was significant fraud, I might consider paying the 15% and be glad you didn’t lose even more money. Ultimately, you can only try to negotiate your way out of the contract. Have you asked if the provider is willing to declare the contract null and void? (This is something you always discuss with the manager.) Explain your position and try to remain composed during the conversation—don’t become offensive or confrontational.
If they refuse or won’t offer a lower percentage, your only option is to consult a lawyer.
That's how they generate sales without actually delivering anything.
Without knowing your contract, no one can really help you here. But you have to accept that you didn’t negotiate a cancellation clause. Given that amount, without owning the land or having your financing secured, it was more than careless or trusting.
The contract has now been signed and is legally binding, unless there were errors made or you can prove you were deceived.
We also don’t know exactly what was not delivered. If there truly was significant fraud, I might consider paying the 15% and be glad you didn’t lose even more money. Ultimately, you can only try to negotiate your way out of the contract. Have you asked if the provider is willing to declare the contract null and void? (This is something you always discuss with the manager.) Explain your position and try to remain composed during the conversation—don’t become offensive or confrontational.
If they refuse or won’t offer a lower percentage, your only option is to consult a lawyer.