What options do I have if the contracting party fails to provide their services?
October 29, 2022 | 40,00 EUR | answered by Hans Kuhn
Dear lawyer,
I am reaching out to you with an urgent question regarding a contract I have entered into with a service provider. About two months ago, I entered into a contract with Mr. Müller for the provision of handyman services in my apartment. It was agreed that the work should be completed within four weeks. Unfortunately, Mr. Müller has only partially fulfilled the agreed upon services and is ignoring my calls and emails.
I am concerned and frustrated about the situation, as I am in urgent need of the completion of the work. Furthermore, I have already paid Mr. Müller a substantial advance payment. I am now wondering what options I have to ensure that Mr. Müller fulfills his contractual obligations and completes the work in a timely manner.
Could you please explain to me what legal steps I can take in this situation? Is there a possibility to terminate the contract and request a refund? What should be my next steps to ensure that my interests are protected?
I thank you in advance for your support and advice in this matter.
Best regards,
Franceska Lenzner
Dear Mrs. Lenzner,
Thank you for your inquiry regarding the contract with Mr. Müller for handyman services in your apartment. I am sorry to hear that you are frustrated with the situation and that Mr. Müller is not fulfilling his contractual obligations. In such cases, it is important to know the legal steps available to you to protect your interests.
First and foremost, it is important to determine if the contract with Mr. Müller was actually validly formed. A contract generally requires an agreement on essential contract terms, such as the type of service, the price, and the completion date. If these requirements are met, the contract is generally binding and Mr. Müller is obligated to provide the agreed services.
However, since Mr. Müller has only partially performed the services and has not met the agreed timeframe, he may be in default. In such a case, you are generally entitled to claim damages if you have suffered harm as a result of the default. This could be the case, for example, if you incurred additional costs or were otherwise disadvantaged due to the delay.
To ensure that your interests are protected and that Mr. Müller fulfills his contractual obligations, I recommend that you first set a written deadline for him to rectify the services. Inform Mr. Müller that you will exercise your right to claim damages if he does not complete the work within this deadline. Keep all communication in writing to have evidence in case of dispute.
If Mr. Müller does not complete the work even after the deadline or remains unreachable, you may consider terminating the contract immediately and requesting a refund. Immediate termination is possible under certain conditions, such as in cases of serious breaches of contract. However, keep in mind that immediate termination should generally be considered as a last resort and may carry legal risks.
In such a case, it would be advisable to seek advice from a lawyer to best represent your rights and options. A lawyer can help you plan the legal steps and, if necessary, initiate legal proceedings to enforce your interests.
I hope this information is helpful to you and I am available for any further questions. I wish you success in asserting your claims against Mr. Müller.
Best regards,
Hans Kuhn
Lawyer
