ᐅ Interior plastering: contractor suddenly demands more money

benni-co schrieb:
At first, the company gave me a quote that I didn’t agree with, amount X per square meter per centimeter. We then verbally agreed on amount X per square meter.

Mathematically, one might conclude that X = X, meaning the offered price was accepted. However, if the verbal agreement referred to Y, then please continue reading.

A contract for Y has been concluded. I assume there was no written acceptance of X.

benni-co schrieb:
Now the plastering is almost finished and the tradesman suddenly wants amount X per square meter and per centimeter. Is that legal?

No. Any change to the contract requires agreement between both parties. However, I would be interested in the reason given for the higher expected price.

benni-co schrieb:
Furthermore, the offer stated that the walls would be plastered smoothly, but without specifying Q3 or Q4 levels. Unfortunately, the plaster is not equally smooth in many places, so I need to do additional work before painting.

Did you discuss during contract negotiations that you intended to paint the walls afterward without wallpapering or your own further preparation? Was it clear that this was to be part of the contract?

benni-co schrieb:
The garage driveway is completely dirty with plaster because of sloppy work.

The responsible workers will have to clean that up at their own expense. No question.

benni-co schrieb:
In addition, the plasterer scratched several windows on the interior reveals.

That should also be rectified by the plasterers. What surprises me here is that normally windows are protected with adhesive film during plastering.

benni-co schrieb:
I told the company to stop, and I said I will only pay once the damages are repaired and everything is cleaned up.

So, you terminated the contract and told the workers to leave the site. However, I do not see that you formally requested proper performance and gave them a chance to fix defects beforehand—ideally documented in writing. Without this, you had no right to terminate. At this point, things get complicated, because you cannot simply withhold payment.

benni-co schrieb:
I will only pay what we agreed on so far and will have an expert inspect the damages.

First, you must formally notify the defects in writing. The contractors have the right to attempt to fix the defects. In contract law for work and services, payment is generally due only if the agreed result is delivered without significant defects, unless otherwise agreed. Here, however, you terminated the contract and unlawfully prevented the contractors from continuing their work.

An expert is ALWAYS a good idea. I honestly don’t understand why you don’t have one supervising your project from the start. A lawyer specializing in construction law is also a good idea, but I see significant potential for agreement here, since the contractors are eager to continue.

What I noticed overall and find less favorable here:

1. No written contract = no clear agreements on scope of work and payment. Regarding the price, it is one statement against another. It is questionable whether your price expectation (Y) is below usual market rates or within a normal range. If so, X may be overpriced compared to standard prices. Here there is room to negotiate the difference.

2. Were the protective films on the windows removed by you? Or were they never applied?

3. Termination of the contract and dismissal of the contractors without any legitimate right to do so and without prior legal consultation.

Now, (almost routine) a brief piece of advice:

For a smooth construction process, you should research the reputation of the contractors before signing a contract. All services come at a cost. The search for bargains often leads to companies that do not deliver well. It is natural that professionals offer their services at market rates and avoid contracts with bargain hunters. If such companies take these jobs, usually profitable ones will not be available. One wonders why that is.

My recommended procedure would be:

1. Try to reach an amicable agreement for completing the work and fixing defects. This requires willingness to compromise on both sides.

If 1. is not possible:

2. Consult a lawyer specializing in construction law to coordinate the next steps. This might also encourage option 1, as a legal letter often works wonders.

3. Hire an expert if the lawyer also recommends this.

Good luck.
V.