Good day to all forum readers and experts.
I have a small issue that I hope will be resolved soon. I signed a construction contract accompanied by an expert. It was agreed that the detailed construction planning (execution planning) is included. (We are building on our own land with a general contractor, and the building permit / planning permission was submitted two weeks ago).
The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."
Now, we have received a confirmation of the construction contract by registered mail stating: "No detailed construction plan will be created."
Our expert is currently on vacation, and I have initially asked the house seller for clarification by email this morning. I am looking forward to a response.
I can only explain it by assuming that the detailed construction plan is indeed created but not handed over to me. Or is it usually handled differently?
I hope to receive tips and answers here.
I have a small issue that I hope will be resolved soon. I signed a construction contract accompanied by an expert. It was agreed that the detailed construction planning (execution planning) is included. (We are building on our own land with a general contractor, and the building permit / planning permission was submitted two weeks ago).
The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."
Now, we have received a confirmation of the construction contract by registered mail stating: "No detailed construction plan will be created."
Our expert is currently on vacation, and I have initially asked the house seller for clarification by email this morning. I am looking forward to a response.
I can only explain it by assuming that the detailed construction plan is indeed created but not handed over to me. Or is it usually handled differently?
I hope to receive tips and answers here.
B
Bauexperte24 Dec 2015 22:30Every pot has its lid
Regards, Bauexperte
Bauexperte
Regards, Bauexperte
Bauexperte
I believe it is common that the signed contracts are later also accepted/signed by the company, which is perfectly fine. What personally bothers me and is definitely not acceptable is to make a change after the client’s signature and then sign it, hoping that it might not be noticed immediately.
I think the contractor responded in a polite and friendly manner regarding his adjustment to the contract offer. This is rather the exception than the rule. The original poster also immediately noticed the limitation, so it was not hidden. Here, both parties did not agree. The seller may have based their assumptions on something the contractor was unwilling or unable to provide. Most likely, this issue had never come up before, so the seller’s statement might have been a bit premature, but fundamentally not malicious.
Why should the contractor then be bound to this wording and therefore not be able to achieve the expected profit from the construction project? He needs the margin resulting from his calculation. Presumably, he is not running the business as a hobby.
Since he knows that sellers are allowed or expected to make certain concessions, he reserves a right to adjust in case of significant changes. He includes this directly in the contract. Most of the time, this is accepted as part of the agreement. The original poster, knowing this formality, likely assumed the same. Now, the situation is understandably different. Why would he grant his sellers such broad authority if he simply knew such circumstances could arise? I wouldn’t either, and I don’t see anything wrong with that.
Everyone may arrive at their own conclusion. I cannot understand many of the negative assumptions here, especially those turning into insulting remarks. Sometimes those might be justified, but in my opinion, absolutely not in this case.
Make peace.
No contract was formed here, and that’s that. This was recognizable and, in the end, entirely correct. Personal disappointments should be processed in other ways.
Why should the contractor then be bound to this wording and therefore not be able to achieve the expected profit from the construction project? He needs the margin resulting from his calculation. Presumably, he is not running the business as a hobby.
Since he knows that sellers are allowed or expected to make certain concessions, he reserves a right to adjust in case of significant changes. He includes this directly in the contract. Most of the time, this is accepted as part of the agreement. The original poster, knowing this formality, likely assumed the same. Now, the situation is understandably different. Why would he grant his sellers such broad authority if he simply knew such circumstances could arise? I wouldn’t either, and I don’t see anything wrong with that.
Everyone may arrive at their own conclusion. I cannot understand many of the negative assumptions here, especially those turning into insulting remarks. Sometimes those might be justified, but in my opinion, absolutely not in this case.
Make peace.
No contract was formed here, and that’s that. This was recognizable and, in the end, entirely correct. Personal disappointments should be processed in other ways.
What bothers me:
The salesperson, who is an employee of the company and was tasked with negotiating a contract with a customer, presents the buyer with a contract prepared by the company.
It may be acceptable that any proposed changes suggested by the buyer might first need approval from the company. However, even in this case, a clear verbal notice during the negotiation with the customer should be the minimum one can expect.
In this situation, however, the company changes the contract it originally proposed, which the customer has already signed.
Legally, this is correct due to the final wording.
Morally, in my humble opinion, it is not. I also find it questionable to blame the lack of competence of the salespeople; if that is the case, the company should handle the contract negotiations itself and let the salespeople focus solely on selling.
The salesperson, who is an employee of the company and was tasked with negotiating a contract with a customer, presents the buyer with a contract prepared by the company.
It may be acceptable that any proposed changes suggested by the buyer might first need approval from the company. However, even in this case, a clear verbal notice during the negotiation with the customer should be the minimum one can expect.
In this situation, however, the company changes the contract it originally proposed, which the customer has already signed.
Legally, this is correct due to the final wording.
Morally, in my humble opinion, it is not. I also find it questionable to blame the lack of competence of the salespeople; if that is the case, the company should handle the contract negotiations itself and let the salespeople focus solely on selling.
Oleda...Voki1...
You are both right. When signing with the seller, we were not aware that the contract could still be changed. We thought that once the seller and we sign, the contract becomes valid.
In any case, many contract amendments were actually made according to our wishes. Only the matter of the mentioned construction drawings is still pending.
It is important to us – the expert told us that we would receive a 1:50 scale version of the construction drawings. We are still waiting for an answer (Christmas holidays).
Similarly, the expert’s response on whether a 1:75 scale would be sufficient is still pending. We were able to inquire about this scale by phone with one of the employed architects.
You are both right. When signing with the seller, we were not aware that the contract could still be changed. We thought that once the seller and we sign, the contract becomes valid.
In any case, many contract amendments were actually made according to our wishes. Only the matter of the mentioned construction drawings is still pending.
It is important to us – the expert told us that we would receive a 1:50 scale version of the construction drawings. We are still waiting for an answer (Christmas holidays).
Similarly, the expert’s response on whether a 1:75 scale would be sufficient is still pending. We were able to inquire about this scale by phone with one of the employed architects.