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?
I agree with Nordly, and 77.willo and Joedrech, you are also right. Every situation is different, and there is not always a universal rule. A client can be experienced like Nordly or less experienced but willing to learn like me. A building company can be reputable and reliable or a low-cost builder often delivering poor workmanship. Even with spot checks through quality control, you cannot be fully assured of defect-free construction.
At least I know that if I hire an expert, it will not be the aforementioned expert because I believe they try to take advantage of clients' lack of experience to charge unfairly. [emoji34]
Now I am stuck with a €620 invoice, and who is legally right here is still unclear. With a lawyer and possibly court proceedings, you either pay nothing because you are right or you end up paying significantly more due to additional legal fees, court costs, and so on.
At least I know that if I hire an expert, it will not be the aforementioned expert because I believe they try to take advantage of clients' lack of experience to charge unfairly. [emoji34]
Now I am stuck with a €620 invoice, and who is legally right here is still unclear. With a lawyer and possibly court proceedings, you either pay nothing because you are right or you end up paying significantly more due to additional legal fees, court costs, and so on.