ᐅ Contract Law, Legislation, Building Surveyor / Construction Expert
Created on: 17 Nov 2017 19:24
Z
zizziHello everyone,
For our building project, I wanted to hire a publicly appointed and sworn building expert. I contacted a regional office of the Association of Private Homeowners by phone. The initial consultation (in person) was supposed to be free of charge. Our first meeting took place on October 27, 2017. We discussed the building description and I received some ideas, and our questions were answered (it lasted about 2 hours). The building expert told us that in the next few days, they would send the minutes of our first meeting and a quote. Since we had an appointment with the builder scheduled for October 30, 2017, to sign the contract, I asked the building expert by phone to send the above-mentioned documents by email before that date so that we could prepare for the contract signing. During that time, I spent about an hour on the phone with the building expert. We concluded the contract including occupational disability insurance (better than expected; our requirements were met in the contract). On October 31, 2017, I received the minutes and quote from the building expert. The quote stated a service period of “September 2017 – September 2018” (odd). Since our contractual construction period was defined as April 2018 to November 2018 and our first meeting (with the building expert) was on October 27, I called the building expert to request a correction of the service period. The second quote stated the service period as “September 2017 – November 2018” (odd) and ‘In case of order, you must join the Association of Private Homeowners for a period of approximately 8 months.’ (monthly fee about 15€).
Since I did not receive the minutes in time and there was no proper correction to the service period, I do not want to sign a contract with this building expert.
Today I received an invoice from the building expert as the first installment (about 650€) which I must pay within 5 days!
1. The building expert considers their first service: building check – review of documents (although not perfect) fulfilled.
2. I received a service from the building expert before I received their offer and cost estimate.
3. I do not have a written contract with them. (Not yet formally commissioned).
They did something without informing me about follow-up costs! (If I had known that such minutes and a few tips would cost 650€, I definitely would not have asked).
Who is right? What should I do now?
For our building project, I wanted to hire a publicly appointed and sworn building expert. I contacted a regional office of the Association of Private Homeowners by phone. The initial consultation (in person) was supposed to be free of charge. Our first meeting took place on October 27, 2017. We discussed the building description and I received some ideas, and our questions were answered (it lasted about 2 hours). The building expert told us that in the next few days, they would send the minutes of our first meeting and a quote. Since we had an appointment with the builder scheduled for October 30, 2017, to sign the contract, I asked the building expert by phone to send the above-mentioned documents by email before that date so that we could prepare for the contract signing. During that time, I spent about an hour on the phone with the building expert. We concluded the contract including occupational disability insurance (better than expected; our requirements were met in the contract). On October 31, 2017, I received the minutes and quote from the building expert. The quote stated a service period of “September 2017 – September 2018” (odd). Since our contractual construction period was defined as April 2018 to November 2018 and our first meeting (with the building expert) was on October 27, I called the building expert to request a correction of the service period. The second quote stated the service period as “September 2017 – November 2018” (odd) and ‘In case of order, you must join the Association of Private Homeowners for a period of approximately 8 months.’ (monthly fee about 15€).
Since I did not receive the minutes in time and there was no proper correction to the service period, I do not want to sign a contract with this building expert.
Today I received an invoice from the building expert as the first installment (about 650€) which I must pay within 5 days!
1. The building expert considers their first service: building check – review of documents (although not perfect) fulfilled.
2. I received a service from the building expert before I received their offer and cost estimate.
3. I do not have a written contract with them. (Not yet formally commissioned).
They did something without informing me about follow-up costs! (If I had known that such minutes and a few tips would cost 650€, I definitely would not have asked).
Who is right? What should I do now?
Hi zizi,
First, I would suggest calling him to explain the situation and politely ask on what basis he is charging the invoice. Tell him that you are surprised (which you are) and don’t remember discussing any costs, additional costs, or concluding a contract.
Start by asking politely, giving him space to make his own decision, and then see what he says. I would hold off on using legal threats right away—you can always do that later. If he simply made a mistake, threatening legal action might corner him and cause him to act irrationally (which wouldn’t be in your interest).
That would be my approach, though there are certainly other (more confrontational) strategies.
Good luck, Stephan
First, I would suggest calling him to explain the situation and politely ask on what basis he is charging the invoice. Tell him that you are surprised (which you are) and don’t remember discussing any costs, additional costs, or concluding a contract.
Start by asking politely, giving him space to make his own decision, and then see what he says. I would hold off on using legal threats right away—you can always do that later. If he simply made a mistake, threatening legal action might corner him and cause him to act irrationally (which wouldn’t be in your interest).
That would be my approach, though there are certainly other (more confrontational) strategies.
Good luck, Stephan
I already spoke with him on the phone; he said that a personal appointment, phone call, and report preparation took about 7 hours. For a publicly appointed and sworn building expert, the hourly rate is between 100 and 120 € net. Otherwise, everything is detailed in the invoice (attached). But when he realized that I didn’t want to work with him, he rudely hung up.
Actually, I wanted to proceed with the application despite being partially disappointed, but when I received the invoice without having a contract and without being informed about any follow-up costs, I don’t want to use his services anymore.
If there had been a contract between us or a cost estimate before the service was provided, I would understand his invoice. Does anyone know if he is legally entitled to this?
Actually, I wanted to proceed with the application despite being partially disappointed, but when I received the invoice without having a contract and without being informed about any follow-up costs, I don’t want to use his services anymore.
If there had been a contract between us or a cost estimate before the service was provided, I would understand his invoice. Does anyone know if he is legally entitled to this?
Outrageous.
Zizzi, do you have the opportunity to visit or supervise your construction site during the day? Could you or your wife provide the workers with coffee, soft drinks, cake, or even a pot of warm sausages sometimes? Would you also consider giving the guys a small cash tip now and then? You’ll get results a thousand times better than relying on an expert assessor. Build relationships, talk with them, appreciate their work, and don’t hesitate to say, “Guys, I’m not happy with this, can you do better?” when appropriate... with this kind of involvement, you’ll get 100% quality. And you’ll pay much less. Karsten
Zizzi, do you have the opportunity to visit or supervise your construction site during the day? Could you or your wife provide the workers with coffee, soft drinks, cake, or even a pot of warm sausages sometimes? Would you also consider giving the guys a small cash tip now and then? You’ll get results a thousand times better than relying on an expert assessor. Build relationships, talk with them, appreciate their work, and don’t hesitate to say, “Guys, I’m not happy with this, can you do better?” when appropriate... with this kind of involvement, you’ll get 100% quality. And you’ll pay much less. Karsten
We were also members of the Association of Private Homeowners. The prices are listed on their website.
You don’t need any paperwork or a signature to enter into a contract. @Nordlys is familiar with this 😉
I would put it this way: after chatting on the phone for 20 minutes—certainly not about the weather, but about the contract and related matters—I know that it goes beyond just the consultation and that I am currently in the first phase of the expert’s involvement, which is reviewing the construction contract and suggesting improvements. Additional minutes confirm this for me. Even a two-hour conversation can no longer be seen by an ordinary person as just a free chat session.
I didn’t understand: why didn’t you want to join the association now?
You don’t need any paperwork or a signature to enter into a contract. @Nordlys is familiar with this 😉
I would put it this way: after chatting on the phone for 20 minutes—certainly not about the weather, but about the contract and related matters—I know that it goes beyond just the consultation and that I am currently in the first phase of the expert’s involvement, which is reviewing the construction contract and suggesting improvements. Additional minutes confirm this for me. Even a two-hour conversation can no longer be seen by an ordinary person as just a free chat session.
I didn’t understand: why didn’t you want to join the association now?
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