Here is my problem: we wanted to renovate a house. Before embarking, to be sure that the project was part of our budget, we called on a project manager, so that he encrypts the work. So he came to see the house and told us that it would cost us 90000 € if we wanted to do something very good. It goes into the budget, we sign the sales agreement of the house, and we sign the contract of the contractor to make plans, costing... giving it a budget of 80000 €. But after almost 2 months, this one presents us quotes to 145000 € !!! Bp too expensive, we break the sale of the house. But the Mo (who has already hired 3000 €) still claims 2500 € !. In the contract, it is stipulated that we owe him 35% in the design of the plans and 25% in the awarding of the prizes. The amount of fees is of course calculated on 145,000 € and not on the given budget! So my question: For my part, I consider that he did not fulfill his part of the contract. He put a damn on us because we had incurred notary fees for the purchase of the house and we had already given the notice for the house we were renting. Is he entitled to claim this sum? And would we be entitled to ask him for the refund of the sums already cashed? Thank you for your help
For a study that does not materialize, a prime contractor is entitled to claim relatively large sums. For example, an architect may request up to 55% of the expected fee if the client does not fulfill the order but all studies have been completed.
Any contract must provide for a budget, with a possible variable of 5 to 10%, to face the hazards and surprises of site. If the contractor has indicated in the contract a budget of 80000 euros, it must be based on this sum, not on 145000 euros. It all depends on the terms of the contract.
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