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.
T
toxicmolotof8 Feb 2018 07:08Now it is up to you (and a specialized lawyer) to prove otherwise and, if applicable, to claim damages.
However, before that, the proper formal process must be followed (assuming there is indeed a contractual relationship), such as issuing a notice of default, etc. Your lawyer will handle this for you.
In the meantime, have your architect start looking for a new structural builder.
Speaking of the architect... what does he say about this? Isn’t it his job to coordinate the trades and ensure safety during the planning phase?
However, before that, the proper formal process must be followed (assuming there is indeed a contractual relationship), such as issuing a notice of default, etc. Your lawyer will handle this for you.
In the meantime, have your architect start looking for a new structural builder.
Speaking of the architect... what does he say about this? Isn’t it his job to coordinate the trades and ensure safety during the planning phase?
The architect was, of course, very embarrassed about the situation. So was the civil engineer... he had recommended the structural builder to us back then.
My architect arranged a new structural builder on the same day. He had actually been the first choice at the time but withdrew his offer due to lack of availability. Thanks to the excellent winter so far, he now has capacity and can start in 3 weeks. He stands by his original offer and is still willing to provide a written contract for work to ease my mind and because he considers the way his predecessor acted to be a disgrace in the industry.
My architect arranged a new structural builder on the same day. He had actually been the first choice at the time but withdrew his offer due to lack of availability. Thanks to the excellent winter so far, he now has capacity and can start in 3 weeks. He stands by his original offer and is still willing to provide a written contract for work to ease my mind and because he considers the way his predecessor acted to be a disgrace in the industry.
77.willo schrieb:
To clarify: accepting a binding offer is a perfectly normal contract. I do this professionally almost every day, sometimes involving amounts in the eight-figure range. All details simply need to be included in the offer. No one is arguing against that. [emoji4] I’m just wondering why expose yourself to the risk of being significantly more difficult to prove later that you agreed to a specific offer? That doesn’t take more than 5 minutes. “I hereby accept the offer dated ... in version ... under the conditions stated therein. Please confirm briefly.” The last sentence wouldn’t even be necessary.
But everyone has their own risk tolerance and preferences. Especially with sums of this size, I consider not doing this to be negligent...
What industry are you actually in? I ask because in my professional experience, I have never seen a client waive a written contract for such contract values. On the contrary: usually lawyers draft contract documents first... so it would be interesting to know in which industry such amounts are approved orally and with a handshake...
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