Ask a lawyer on the topic of Contract law

Do I have to pay extra costs?

September 13, 2011 | 50,00 EUR | answered by Steffan Schwerin

Do I have to pay the additional costs of item 3 and item 5 of invoice 0232011131a compared to the order confirmation?

My opinion: (email from 8.8.2011)
Dear Mrs. Otto,

Thank you for your invoice correction for invoice no. 0232011131a dated 1.8.2011.
I accept this invoice except for items 3 and 5.

Here are my specific objections:

- Regarding item 003 Mounting system

We mutually changed this item in the order confirmation to the ZEBRA system in conjunction with sheet metal tiles. The adapter angles and grid wedges clearly belong to the mounting system. At the time of the order confirmation, a careful examination of the mounting system made it clear that the Lehmann sheet metal tiles with horizontal roof hooks can only be attached to the vertical module rail using adapter angles. Without the adapter angles, the module rail cannot be attached to the Lehmann roof hooks (even on a perfectly flat roof). It can be assumed that a competent PV installation company conducts this examination and includes it in the confirmed price. These costs did not arise 'despite careful, expert installation inspection in advance' or due to subsequent insights into the situation on site. Therefore, I will only pay the €1296 as per the order confirmation for this item.

- Regarding item 005 Installation

The description in the order confirmation includes the 'installation of the substructure, mounting and wiring of the solar modules and inverters.' I believe this includes covering/covering the tiles on both verge boards. At the time of the order confirmation, these activities were foreseeable when carefully considering the situation in connection with the offered occupancy. Your first installer mentioned increased installation effort due to the use of the verge rafter (cutting the verge tiles) during the measurement of the roof. Therefore, it was foreseeable at the time of the order confirmation that the verge rafters would be used for item 5 and would need to be covered/uncovered. Of course, in the discussion about technical possibilities, I pointed out that the verge rafters should be used as anchor points for the external roof hooks, but I did not promise to cover additional costs. It is still the installation of the offered roof covering of a roof that was inspected by your company 3 times before the order confirmation and on whose issues (Biberschwanz, on-roof insulation, 1.2m rafter spacing) I have repeatedly pointed out. I will only pay the €1458 as per the order confirmation for this item.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked taking into account the circumstances described and your contribution as follows:

I am not sure if the situation has been fully presented. Unfortunately, I do not have the invoice either.

If positions 3 and 5 have not been fulfilled or only partially fulfilled, there is indeed a right to withhold payment.

Especially if the costs are higher than originally stated in the order confirmation, this can be refused.

Perhaps you can clarify your concerns further, then I will be happy to respond again.

I would like to remind you that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I give is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation can lead to a completely different legal assessment.

I hope I have been able to give you an initial overview and that my explanations have helped you. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am also available for legal representation. I would credit the initial consultation fee you have already paid in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.

Kind regards,

Steffan Schwerin
Lawyer

Law firm Steffan Schwerin
Golmsdorfer Str. 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de
Website: www.jena-rechtsberatung.de