Situation:
The client, a contractor, found themselves in a dispute with a business partner – the project owner (extensive roof repair of an industrial facility). The partner refused to pay the client’s invoices, claiming that, in their opinion, the work did not exhibit the qualities they had required. The client argued that the scope and execution of the work had been repeatedly altered by the partner and therefore logically could not have the qualities the partner demanded when signing the contract. The partner argued that all changes to the work should have been agreed upon in writing, as stipulated in the contract, and that this form had not been observed.
Client’s Request:
The client sought judicial protection of their rights and assurance of payment for the outstanding invoices.
Our Solution:
First, we analyzed the Supreme Court’s case law regarding an orally agreed contract amendment containing a so-called form reservation. We then advised the client to simultaneously negotiate a settlement while also filing a lawsuit to increase pressure.
Result:
This ultimately resulted in the conclusion of a settlement and payment of the outstanding invoices in favor of the client.