ᐅ Contract Law, Legislation, Building Surveyor / Construction Expert
Created on: 17 Nov 2017 19:24
Z
zizzi
Hello 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?
zizzi schrieb:
Does anyone know if he has a legal right to do that?Section 632 of the Building Code.
Nordlys schrieb:
OutrageousNope. Not at all.
Nordlys schrieb:
Outrageous.
Zizzi, do you have the chance to visit or be on site during the day? Can you or your wife provide the workers with coffee, soda, cake, or maybe a pot of hot sausages sometimes? Would you also consider giving the guys a small tip? You’ll get a thousand times better results than relying on a surveyor. Build relationships, talk to them, appreciate their work, and don’t hesitate to say, “Guys, I’m not happy with this, can you do it better?” When appropriate... with that kind of involvement, you’ll get 100% quality and pay much less. KarstenNordlys, I especially like your reply [emoji57] you’re right, especially since my wife bakes wonderful cakes [emoji108]Regarding the home savings contract, I had an appointment with him to explain his services and costs. He explicitly said that our first meeting is free. He gave us some tips and at the end said we would receive a summary of today’s discussion including all points covered, as well as an offer with a detailed description of services and pricing. I have never applied for it.
He even argues that he has to pay for his insurances, software, training courses, etc.
Inspection at the beginning of September. The manager will come with the final invoice. Check all doors, inspect everything inside and outside, and so on. Then, Mr. S., the construction went smoothly. The workers were happy to be here. They felt well taken care of and welcomed. We have earned our share. I did not charge for any additional quantities... build relationships.
Yes, I agree. Karsten, you often make good points that get right to the heart of the matter. But unfortunately, your approach (for example, a handshake instead of a contract) is very much the exception.
If I’m not a professional and am working with unfamiliar tradespeople, I need to have things checked.
Currently, there is a thread running here where the connections may have been installed incorrectly. That can still be judged on its own, but the average person simply cannot assess other issues.
If I’m not a professional and am working with unfamiliar tradespeople, I need to have things checked.
Currently, there is a thread running here where the connections may have been installed incorrectly. That can still be judged on its own, but the average person simply cannot assess other issues.