Construction delay, sentence failure
November 2, 2009 | 40,00 EUR | answered by Michael Vogt
I am the independent operator of an EDEKA market. The landlord is the Edeka construction and property company, an Edeka-owned real estate company. I am a subtenant. The parking lot in front of the market, commissioned by the landlord, has been undergoing renovation since 17.8.09. It was supposed to start in May. Unfortunately, I did not receive anything in writing, but verbally the completion date of 31.10.09 was mentioned. Now it is 2.11.09 and half of it is not even finished. Last week, sales decreased by 11%. Starting this week are the two busiest months of the year (Christmas business). The problem with non-completion: loss of sales + high write-downs of Christmas goods! Do I have a legal right? If so, who can I address it to?
Dear Seeker of Advice,
Your question may be answered based on the facts you have provided and taking into account your input as follows:
In general, a partner in a contractual relationship must behave in such a way during the fulfillment of the contract that the legal rights of the other contracting party are not violated. Among these protected legal rights is the so-called right to the established and exercised business operation, which is affected by the renovation of the parking lot in your case.
Therefore, if a renovation of the parking lot is necessary, it must be carried out quickly so that your business operations are minimally disturbed.
It should be noted, however, that liability generally only arises if the construction company, whose actions must be attributed to the landlord, is responsible for the delay in the renovation work.
Unfortunately, clarifying this conclusively exceeds the scope of this online initial consultation.
In summary, it can be noted that a claim for damages against your landlord could be considered. You should seek detailed legal advice from a local colleague on this matter.
I hope that my answer has provided you with an initial overview of the legal situation.
Please note that this answer, based on your information, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. Adding or omitting relevant information can completely change the legal assessment.
You are welcome to contact me through the follow-up option on this platform or via my email address.
For representation beyond this initial consultation, my law firm is also available to assist you.
I wish you a pleasant evening and remain
Yours sincerely,
Lawyer Michael Vogt
