Hello,
we are building a prefabricated timber frame house on the Swabian Jura and, after some disputes and stress with the manufacturer (from near Passau), have now received a letter stating that they will stop work immediately until the issues are resolved.
The manufacturer still needs to complete ceiling work, sanitary enclosures, flooring, stairs, and doors. Completion was planned for this year.
What options do I have as the client to ensure that the work is finished as planned this year?
we are building a prefabricated timber frame house on the Swabian Jura and, after some disputes and stress with the manufacturer (from near Passau), have now received a letter stating that they will stop work immediately until the issues are resolved.
The manufacturer still needs to complete ceiling work, sanitary enclosures, flooring, stairs, and doors. Completion was planned for this year.
What options do I have as the client to ensure that the work is finished as planned this year?
SuJaDe1 schrieb:
During the structural shell construction phase, we discovered that two walls were manufactured incorrectly. Based on our feedback, the site foreman shortened the walls using a chainsaw. So, are we talking about a log house?
SuJaDe1 schrieb:
There were already discrepancies during the planning phase, and we explained our point of view several times in emails and escalation meetings. Usually without any response from the manufacturer. Since meetings are usually meant to de-escalate: does "escalation meetings" here refer to the chain of command, meaning you should always first contact the foreman (or the sales representative?), and if their authority is exceeded by the request, they then involve their next supervisor step by step until, finally, the top manager is involved?
SuJaDe1 schrieb:
Former owner (now only managing director together with three others) That sounds like a capital investment related to bringing in financial controllers.
SuJaDe1 schrieb:
We are still considering whether the next email should come from me or from a lawyer. ypg schrieb:
The written word is very patient… quite often you read something different than what was meant. Joedreck schrieb:
Given the complexity, I would only recommend involving a lawyer now. To summarize: the question is not whether the lawyer or you should write it. The decision can only be whether it is written using the lawyer’s wording on your letterhead or on the lawyer’s letterhead. "Enough emails have been exchanged"—I see a more formal written approach as fitting here.
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https://www.linkedin.com/company/bauen-jetzt/
Hausbau08151 Dec 2021 21:37It all strongly reminds me of my main contractor GU1.
SuJaDe1 schrieb:
A few more details about the situation:
- There were already disagreements during the planning phase, and we had explained our point of view in several emails and escalation meetings.It doesn't help now, but I would have already walked away or ended the "relationship" back then.Most likely, the contract had already been signed at that point. 🙁
H
hampshire2 Dec 2021 10:48Thank you for the details, which show that the situation is indeed extremely complicated. This really involves a lot of issues; usually, discussions in this forum are about much smaller disputes. The level of complexity is so high that I cannot offer specific advice. Consulting a lawyer was definitely the right step. I wish you patience and hope that you will have a well-functioning house within a reasonable time.
Although email is usually not helpful in resolving conflicts, it has the advantage of creating a documented record. This is a very useful tool for securing and documenting the outcomes of communication. Therefore, I would not underestimate this medium at all.
ypg schrieb:
however, email is the worst form of communication by far.
Although email is usually not helpful in resolving conflicts, it has the advantage of creating a documented record. This is a very useful tool for securing and documenting the outcomes of communication. Therefore, I would not underestimate this medium at all.
hampshire schrieb:
Therefore, I would definitely not underestimate the media.As long as you don’t expect any answers, that says it all 😉H
hampshire2 Dec 2021 10:59ypg schrieb:
As long as no answers are expected, everything has been said 😉 It’s a matter of wording, because a non-response can be used to your advantage.
If you document something and explicitly write at the end of an email, "If I have misunderstood or misrepresented anything from your perspective, please correct me," then a lack of response serves as implicit confirmation for the record. In this way, even without an answer, you have made progress and are, if necessary, better prepared for any legal dispute.