ᐅ The shell construction company canceled just one day after the groundwork began!
Created on: 6 Feb 2018 11:17
E
ensi1981
I’m feeling a bit desperate right now.
Yesterday, as agreed with the structural and civil engineers, the civil engineering work began on our property. However, this morning I received a call from my architect saying that the structural engineer informed the civil engineer by email that he would not be coming next week and now has no time left for our construction project.
The civil engineer has, of course, stopped work, canceled the vehicles scheduled for excavation removal today, and left the site.
Now I’m quite at a loss and unsure to what extent the structural engineer is obligated to complete his work... the company is currently unreachable by phone.
Has anyone experienced something like this and can offer tips or advice?
Fortunately, I have a very dedicated planning team with an excellent site manager who will probably now do everything possible to find a replacement.
Yesterday, as agreed with the structural and civil engineers, the civil engineering work began on our property. However, this morning I received a call from my architect saying that the structural engineer informed the civil engineer by email that he would not be coming next week and now has no time left for our construction project.
The civil engineer has, of course, stopped work, canceled the vehicles scheduled for excavation removal today, and left the site.
Now I’m quite at a loss and unsure to what extent the structural engineer is obligated to complete his work... the company is currently unreachable by phone.
Has anyone experienced something like this and can offer tips or advice?
Fortunately, I have a very dedicated planning team with an excellent site manager who will probably now do everything possible to find a replacement.
ensi1981 schrieb:
I have to admit, we don’t have anything like that. Maybe I’m a bit naive, but I wasn’t aware that a written contract is required for this. You’ll have to decide for yourself whether that was naive or not. For my part, I can only wonder how anyone can rest easy with the amounts involved in the shell construction phase without having the basic terms clearly documented in writing and verifiable for both parties. Just a quick check: would you buy a car that way? [emoji6]
First of all, I’m very sorry to hear that your experience has started off on such a negative note.
If there is a written document that specifies what is to be built, I consider that a reasonable basis. Especially if the construction start date is also recorded, possibly even in writing. Of course, having deadlines, penalties, or similar clauses in case of delays—especially now—would be preferable. (We didn’t have such agreements either; fortunately, we managed well without them.)
But the main question now is how to proceed. Honestly, I would recommend consulting a (specialized) lawyer to clarify whether the contract has actually been effectively terminated, how you can legally exit the contract if necessary, and whether you can claim damages from the company (for example, if another company quotes 10,000 more or can only start in three months, which might cause higher costs with subsequent contractors, interest charges for delays, or other expenses).
I wish you patience and hope everything works out well for you as soon as possible!
If there is a written document that specifies what is to be built, I consider that a reasonable basis. Especially if the construction start date is also recorded, possibly even in writing. Of course, having deadlines, penalties, or similar clauses in case of delays—especially now—would be preferable. (We didn’t have such agreements either; fortunately, we managed well without them.)
But the main question now is how to proceed. Honestly, I would recommend consulting a (specialized) lawyer to clarify whether the contract has actually been effectively terminated, how you can legally exit the contract if necessary, and whether you can claim damages from the company (for example, if another company quotes 10,000 more or can only start in three months, which might cause higher costs with subsequent contractors, interest charges for delays, or other expenses).
I wish you patience and hope everything works out well for you as soon as possible!
Thank you very much in advance for the information.
Since it is not common here to simply abandon builders, fortunately another company has agreed to take over at short notice within 3-4 weeks. They were also involved in the original contract award and withdrew shortly after submission due to scheduling conflicts. However, since we had a mild winter down here, they have now stepped in 🙂 The original offer still stands ... really a great company 🙂
For this shell builder, it is even acceptable to enter into a work contract, although they don’t do this very often. It seems that verbal agreements and written orders after submitting the offer are generally sufficient.
Therefore, I will give the contractor who abandoned us the opportunity to compensate us for damages. Let’s see what he says. After all, there is plenty of correspondence and several joint meetings with witnesses. I don’t think he should just get away with it, should he?
Since it is not common here to simply abandon builders, fortunately another company has agreed to take over at short notice within 3-4 weeks. They were also involved in the original contract award and withdrew shortly after submission due to scheduling conflicts. However, since we had a mild winter down here, they have now stepped in 🙂 The original offer still stands ... really a great company 🙂
For this shell builder, it is even acceptable to enter into a work contract, although they don’t do this very often. It seems that verbal agreements and written orders after submitting the offer are generally sufficient.
Therefore, I will give the contractor who abandoned us the opportunity to compensate us for damages. Let’s see what he says. After all, there is plenty of correspondence and several joint meetings with witnesses. I don’t think he should just get away with it, should he?
Contract or no contract. If he doesn’t build, he just doesn’t build. Being convinced that you are right won’t finish the house.
Compensation, well, then quantify the damage properly. This is a matter for a lawyer, not a forum.
I’m telling you, you were lucky. Lucky that he didn’t build and that someone else stepped in. If he had built, it would have been a struggle, since he apparently has too much work and not enough people. And if two bricklayers have possibly resigned because Meier offers them better terms, then everything will collapse and he will abandon projects. Look at it this way. Karsten
Compensation, well, then quantify the damage properly. This is a matter for a lawyer, not a forum.
I’m telling you, you were lucky. Lucky that he didn’t build and that someone else stepped in. If he had built, it would have been a struggle, since he apparently has too much work and not enough people. And if two bricklayers have possibly resigned because Meier offers them better terms, then everything will collapse and he will abandon projects. Look at it this way. Karsten
One more time: clarify with a lawyer to what extent the contract with the first company has been legally terminated.
The worst-case scenario would be that you sign with company 2, thus entering into an obligation, and company 1 suddenly remembers that they could build for you when you mention wanting compensation.
Edit: if you are making timely and reasonable progress with the second company, I’m happy for you. Karsten’s comment does have some truth to it...
The worst-case scenario would be that you sign with company 2, thus entering into an obligation, and company 1 suddenly remembers that they could build for you when you mention wanting compensation.
Edit: if you are making timely and reasonable progress with the second company, I’m happy for you. Karsten’s comment does have some truth to it...
@Nordlys: I have actually considered that perspective and completely agree with you.
Nevertheless, the builder’s legal stance here (probably due to receiving a more lucrative offer) seems somewhat questionable.
Therefore, I believe one shouldn’t just accept this easily. The approach of "this is how I handle small-scale clients" shouldn’t be the way things are done.
@Maria16: That seems reasonable to me. I will do that.
Nevertheless, the builder’s legal stance here (probably due to receiving a more lucrative offer) seems somewhat questionable.
Therefore, I believe one shouldn’t just accept this easily. The approach of "this is how I handle small-scale clients" shouldn’t be the way things are done.
@Maria16: That seems reasonable to me. I will do that.