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Contribution to the BG Bau

I have received a contribution notice from the professional association for the construction industry, which I do not want to accept.
My specific question: Can I successfully object to it, for example by arguing that the construction assistants were exclusively close family members between the ages of 13 and 21 and that they provided their contribution free of charge, as is customary in the family?
500 hours were credited due to the submitted self-construction proof - unfortunately I did not read the leaflet, the small print, exactly - which were taken into account with a minimum wage of 10.08 euros and a contribution rate of 18.2806%, resulting in a contribution of 921.34 euros to be paid.
Background: When we were discussing a possible extension for a small workshop for my wife in the family, our 18-year-old son, a first-year carpenter apprentice, spontaneously said he would do it for us. We thought it was an interesting and good task for him, roughly calculated the material costs, wages were out of the question and not an issue, and then decided to build the extension. The first shock came with the architects' and structural engineers' costs, the fees for the building permit, which we could have avoided in good agreement with the neighbors but did not want to. So 1600 euros were already gone. Now at the end of the construction, we received the above-mentioned contribution notice, which significantly exceeds our current possibilities - also the material was overall much more expensive than expected.
My personal research on the internet has shown that the BG Bau has successfully rejected the assumption of costs in various insurance cases with the argument that it was a favor in the immediate family circle, and ultimately won in court. (See appeal case of the Bavarian State Social Court dated 05.12.2006 Az: L 17 166/04, court of first instance Social Court Nuremberg dated 09.03.2004 Az: S 15 U 120/03, found at www.bauexpertenforum.de/showthread.php?t=20867)
Among other things, the person affected in the forum also reported that his lawyer in this case had argued with the term of favor and had already received a refund of 600 euros from the BG Bau for his own construction, with two brothers as construction assistants.
Our daughter, among other things, came to help us during her semester break and said, "Come on, go away for a week, I'll putty the walls, wallpaper and paint, and when you come back, it will be finished." We accepted this offer and are now supposed to pay for the 120 hours specified for that.
As you can see, the whole matter is probably mostly emotional. What is now the best course of action for us to avoid the high and, in our view, unjustified costs afterwards? Unfortunately, we do not have legal expenses insurance and presumably the assistants are not covered by private liability insurance.

Andreas Scholz

Dear inquirer,

in principle, you can file an objection against the contribution notice.

However, you must assume that the cooperative will not remedy the contribution notice, so if you want to challenge the notice to the full extent, you would have to go to court.

Whether a favor was provided in your case, or whether the court would assume the existence of a favor, is a case-by-case question. Much would depend on your legal argument and the evidence presented. If someone has demonstrably invested a "regular" amount of working hours in your construction project during a specific period, the claim of a favor would likely seem far-fetched in the eyes of the court. On the other hand, if only sporadic or irregular work was carried out for you that did not require special qualifications, were not time-consuming, and were only done occasionally, there would be more evidence of a favor. It should also be considered whether certain helpers were active throughout the construction period or only for short periods.

In short: Whether you can convince the court in a legal dispute that only favors were provided depends on the quality of the legal process and evidence presented. There is no legal provision that would obligate the court to assume the existence of a favor, so in the event of a lawsuit, the court will examine your personal situation for indications of a favor.

I can only advise you to seek a lawyer specializing in administrative law/social law in your area, with whom you can discuss your situation and consider the options for presenting it favorably. It should be noted that the individuals who worked as helpers for you may be called as witnesses in the proceedings, so their statements could be crucial.

I hope this information is helpful. If you have any further questions, feel free to ask.

Best regards,

Andreas Scholz, Attorney

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Andreas Scholz