ᐅ The contractually agreed construction manager will not be provided by the building company.
Created on: 25 Jul 2025 20:34
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silvermaster
Hello everyone,
We found our construction company through recommendations. After comparing several providers, we ultimately decided on this one. An important factor was to have the same site manager as our acquaintances, who highly praised him. We made sure this was contractually agreed upon.
Now we have received the order confirmation from the company, and the next day we were informed that the requested site manager is not available, as he has recently settled in Bavaria and would have to travel 5 hours to reach us. However, there are two alternative site managers in our area.
This is not a minor issue for us and immediately reduces our trust in the project from the start.
Question: As clients, do we have to accept this? Can or should we already demand compensation? If so, how much? Or is there nothing we can do?
Thank you and best regards!
We found our construction company through recommendations. After comparing several providers, we ultimately decided on this one. An important factor was to have the same site manager as our acquaintances, who highly praised him. We made sure this was contractually agreed upon.
Now we have received the order confirmation from the company, and the next day we were informed that the requested site manager is not available, as he has recently settled in Bavaria and would have to travel 5 hours to reach us. However, there are two alternative site managers in our area.
This is not a minor issue for us and immediately reduces our trust in the project from the start.
Question: As clients, do we have to accept this? Can or should we already demand compensation? If so, how much? Or is there nothing we can do?
Thank you and best regards!
N
nordanney28 Jul 2025 14:21MachsSelbst schrieb:
But a contract is a contract, and you want to get what’s written in it. Honestly: do you want a very frustrated site manager who travels 5 hours for every appointment on the construction site? And who is also provided and paid by the construction company.
For me, it would be a deal-breaker if the company assigned me exactly this site manager. He can only produce poor work and be extremely annoyed at best.
MachsSelbst schrieb:
One may have a strong personal opinion about site managers employed or appointed by construction companies and consider it the only correct view... whatever.
But a contract is a contract, and what is stated in it is expected to be delivered. For Judge Wunder, this is a clear-cut case, claim dismissed. Reasoning: the contract contains a clause that is against good morals and, lacking a severability clause, is void without replacement. The contractor has only the right to instruct the employee on which construction sites to perform their work — but this does not extend to restricting the employee’s right to freely choose their place of residence. By the way, the employee can terminate the contract at any time without the client of the employer having any say. The cost of the dismissal: see the court and notary fee regulations.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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NatureSys28 Jul 2025 19:12If you want to get out of the contract, this may be a possible way to terminate it. However, you are unlikely to achieve much more.
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nordanney28 Jul 2025 19:33NatureSys schrieb:
If you want to get out of the contract, this might be one possible way to cancel it. But you’re unlikely to achieve much more than that.Not even that.The main obligation of the contract is the construction of a single-family house. An ancillary service is the specific site manager. This can be agreed upon.
But as with all contracts, there is the possibility of rectification if part of the contract cannot be fulfilled.
Therefore, the company could appoint an equally qualified new site manager.
The argument that this one particular site manager is essential to the decision to build the house will not hold here, since this is a standard single-family home and not a special construction requiring unique skills or expertise.
This can be understood similarly to the situation where, during the selection process, the Utopia 5000 shower tray was requested and chosen, but then simply discontinued. Then there is the Dystopia Ultra instead, and that’s it. You cannot cancel the contract or demand exorbitant damages for that.
Legal Theory:
During the cancellation period, a cancellation is possible without providing a reason.
If the cancellation period has already expired, only a termination remains (which must be legally justified). I strongly recommend consulting a lawyer for this (although I have probably already predicted the discouragement). From my perspective, the emotional reason presented here is unlikely to succeed in fitting into a legally recognized case by the courts.
No, I consider this example not comparable here. In fact, I see this scenario as one where, at least at the first instance (!), a majority of judges might affirm a special right of termination.
In my opinion, the case presented here has the potential to go through three instances (appeals), resulting in a wait time for the final ruling that would far exceed the construction period from now until an immediate, uninterrupted move-in.
Practical Usefulness:
What is there really to gain here by fleeing from the “common untrustworthy builder”?
Anyone who forgoes an independent, construction-supervising expert is like a driver treating the seatbelt as replaceable by a prayer. And for those who don’t forgo the expert, it is entirely irrelevant whether the fake or nominal site manager is Horst or Harry. This difference does not justify even the slightest complaint.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
NatureSys schrieb:
If you want to get out of the contract, this might be one way to terminate it.
During the cancellation period, a cancellation is possible without providing a reason.
If the cancellation period has already expired, only a termination remains (which must be legally justified). I strongly recommend consulting a lawyer for this (although I have probably already predicted the discouragement). From my perspective, the emotional reason presented here is unlikely to succeed in fitting into a legally recognized case by the courts.
nordanney schrieb:
This is similar to the situation when a specific shower tray model, Utopia 5000, was requested and selected during the sampling process but then simply discontinued. In that case, you end up with the Dystopia Ultra, and that’s it. You cannot terminate the contract or demand excessive compensation for this.
No, I consider this example not comparable here. In fact, I see this scenario as one where, at least at the first instance (!), a majority of judges might affirm a special right of termination.
In my opinion, the case presented here has the potential to go through three instances (appeals), resulting in a wait time for the final ruling that would far exceed the construction period from now until an immediate, uninterrupted move-in.
Practical Usefulness:
NatureSys schrieb:
But you probably won’t achieve much more than that.
What is there really to gain here by fleeing from the “common untrustworthy builder”?
Anyone who forgoes an independent, construction-supervising expert is like a driver treating the seatbelt as replaceable by a prayer. And for those who don’t forgo the expert, it is entirely irrelevant whether the fake or nominal site manager is Horst or Harry. This difference does not justify even the slightest complaint.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
W
wiltshire28 Jul 2025 22:44silvermaster schrieb:
Do homeowners just have to accept this? Of course. The construction manager you wanted has moved away. That’s a kind of force majeure.
silvermaster schrieb:
Can/should we already claim compensation now? What damage has actually occurred?
silvermaster schrieb:
Or is there nothing you can do about it? Of course you can do something. Be realistic!
If you’re already experiencing “loss of trust” over something like this, the construction period will be difficult for you.
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