ᐅ The shell construction company canceled just one day after the groundwork began!

But it must be a genuine offer. There are also things called offers that are legally not considered as such.

77.willo schrieb:
There are also things called offers that are not legally considered offers.

Could you please explain this with an example?

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The simplest way is to declare an offer as “non-binding.” Or, as seen in supermarket flyers, “while stocks last.”

Hello,

Would I invest time and money now to force something? Probably not.

Especially since you don’t know if the shell builder, for example, is having payment difficulties.

I would quickly arrange to find a new one and do it better. Possibly simultaneously claim compensation. But that will cost money.

ensi1981 schrieb:
For this shell builder, it is even acceptable if we enter into a work contract, although this is actually not very common for them. It seems that verbal agreements and written orders after submitting a quote are usually sufficient.

Well, contracts are not really made for when everything goes smoothly, but rather to provide legal certainty for the case that things do not go well. And as you unfortunately had to experience, that does happen. For that reason, I find the last sentence quite remarkable, especially in light of your recent experience.
Being right and actually getting justice are certainly two different matters. But I find it hard to understand why someone would take away their own possibility to provide clear proof of what was agreed in case of a dispute, compared to relying on meeting notes, verbal witness statements, email exchanges, or he-said-she-said situations. I would really be interested to know if the "I do everything verbally" and "who needs written contracts anyway" group ever signed a construction contract with the builder/general contractor for their house build and paid special attention to the scope of work description. If yes, then why? ;-)

Lumpi_LE schrieb:
A contract is always formed by submitting an offer and its acceptance. No signature or document is required.

That is not entirely correct in such a general statement. There are certainly contracts that require written form by law and are otherwise invalid, for example every loan agreement.

11ant schrieb:
Can you explain that with an example?

For example, every item in a supermarket is not an offer in the legal sense, but rather an invitation to make an offer. That means the customer takes the carton of milk, goes to the checkout, and there makes a declaration of intent to buy it at the listed price. The cashier is free to reject this offer. The same applies at a fast-food counter or a clothing store around the corner, as well as in brochures and catalogs… at least that’s how I remember it from the construction law lecture.

Rupp. You are probably right. Still, it’s not a pleasant situation. Putting it all into writing changes things for us. In September 2016, we sat in the contractor’s office—him, my wife, and me. We had the house finalized, we had the price, and we were discussing the details. Then we went through the scope of work step by step, making some adjustments here and there. Afterwards, the three of us stood up, looked at each other, and shook hands over the table. A pact, an uplifting feeling. We had bought a house. Our house. There was nothing in writing. That day, that pact was everything. And that moment set the tone for the entire build until now, even with some minor warranty issues coming up. That relationship was never broken. At the topping-out ceremony, we moved to informal address, and there was never even a hint of trickery—neither from us nor from him. It has to do with honor, and that is lost with all these contracts and legal formalities. Unfortunately, that is true. Karsten