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Old 28.11.2013, 12:13
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Contractual problem with Builder MGT Bausystem

My main purpose of this thread is alert about the fraud company the name is MGT Bausystem. And the owner is Sami Tekari. He operates in region of Bern and in French parts.

Here is the summary

Early this is we had to do some insulation and repair work on the outside walls and to paint. We paid 200fr to company call STO to define the work scope. So we have a step by step work instruction how to and what to do. Based on this scope we hired a plaster/painter to do the job up on a recommendation.

We signed the fixed contract for CHF 32000. The contract says that he will complete as per the STO work scope and couple of additional works such as painting the window shouters and under roof. It also says that the estimated time to complete is 6 weeks.

First 6 weeks gone fast and nearly 25% of the job was pending. We understand these kind of jobs also depends on the weather and the actual estimation can be vary. Therefore we did not put pressure on him to finish it. The 10 weeks past the jobs are still not done. We started to put some pressure to compete the job ASAP. At this point I had some doubt of quality of his work. i.e I doubted that he did not follow the STO scope and doing the work on his own. So we called a person from STO have a look (unofficially). We also found these works are using our stuff such as ladder and thing and broke few; a cherry tree was covered in paint and died.
The statement from the STO guy is “The work has been done as an example how not to do”. And he advised to consult with an expert from SIA commission. So we did.

So the SIA commission expert and inspected the work and gave him one week notice to complete the job indicating what was not done. At this time the builder has complained the he carried out many work outside the contract and gave a list to the expert (nearly 15 jobs). One week passed by no progress, so the expert wrote a report concluding all the thing was not done and the additional work claimed as the builder and the listing all the damages he made in the property. Concluding that we pay him 25000CHF and to hire another firm to complete the job.

We forwarded the report asking him to acknowledge the report and send the invoice for 25000. Three weeks later we received an invoice for 72000CHF. 32000 as per contract, 37000CHF for his additional work and 1800CHF additional material + Tax. We refused to pay as per the invoice and paid only 25000CHf and send him a recorded post explaining our reasons. Couple of months later on Oct 13th a remainder came along in a “B” post to settle the full amount by Oct 15th (dated Oct 1st). Then on 20th a notice from local kantonal office of Betreibungsamt came to inform that he has filed a collection notice for the full amount of 72000CHF, Now the total amount went up to 97000CHF. We went down to the Betreibungsamt office and refused his claim and ask them to reject his appeal. So they have now informed him our decision.


Today we have received a letter from lawyer informing us that they are preparing a for a law suit against us. They are also prepared solve this issue via a negotiation too. Therefore we are trying to discuss with the lawyers to explain our defense.

I will keep the story updates as it’s evolved.

I would also like to file a proper appeal with some commission or support group to stop him scam the people. If anybody know any procedure I can follow here in Switzerland that would be big help for me.


Thanks
Yogi.
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Old 28.11.2013, 12:18
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Re: Be Aware of Scam Builder MGT Bausystem

I'm sorry I can't add anything helpful to this thread, but I think you did exactly the right thing in seeking an independent, expert opinion on the work. This is Switzerland, where having something official is important, and I suspect in this case that the law will be on your side.

In any case, I wish you luck and hope you can put this bad experience behind you.
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Old 28.11.2013, 14:24
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Re: Be Aware of Scam Builder MGT Bausystem

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I'm sorry I can't add anything helpful to this thread, but I think you did exactly the right thing in seeking an independent, expert opinion on the work. This is Switzerland, where having something official is important, and I suspect in this case that the law will be on your side.

In any case, I wish you luck and hope you can put this bad experience behind you.
Thanks for the support. I hope I will get a reasonable solution via through the law. Will keep you posted.
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Old 04.12.2013, 13:24
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Re: Be Aware of Scam Builder MGT Bausystem

Yesterday the lawyer for MGT Bausystem called to discuss a solution. First he offered to to close the case with the payment of 32000+Tax (CHF9500 additional payment to 25k what we already have paid). In the contract we do not have a clause "incl. MWST" for the fixed amount agreed therefore He insists the tax is on top the agreed CHF32000 is excluding MWST.

We rejected his offer and offered to pay the full 32000 (including tax) if he comes back and complete the works scope. The lawyer is now to discuss with Mr. Tekari to response to my offer.

In the mean time I send a email to the lawyer of MGT bausystem, summarising the discussion. I also indicated that we may pursue a compensation for all the physiological stress that implied on us due to this unprofessional and scamming business practice. Now waiting for a feedback.
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Old 04.12.2013, 13:47
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Re: Be Aware of Scam Builder MGT Bausystem

At this stage if were you I would be counter claiming rather than negotiating, you seem to have expert opinion on your side, I would be counter claiming for the cost of a reputable tradesmen to correct the faulty work done by your original person and to complete the job.

At the moment given that you are trying to negotiate they feel the have the upper hand, start counter claiming and you might get some progress.
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Old 04.12.2013, 13:54
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Re: Be Aware of Scam Builder MGT Bausystem

I would also consider asking a friendly Mod here to change the title of this thread. Calling him a Scam builder at this stage may not help you if he or his lawyer were to see this.
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Old 04.12.2013, 14:11
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Re: Be Aware of Scam Builder MGT Bausystem

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Yesterday the lawyer for MGT Bausystem called to discuss a solution. First he offered to to close the case with the payment of 32000+Tax (CHF9500 additional payment to 25k what we already have paid). In the contract we do not have a clause "incl. MWST" for the fixed amount agreed therefore He insists the tax is on top the agreed CHF32000 is excluding MWST.

We rejected his offer and offered to pay the full 32000 (including tax) if he comes back and complete the works scope. The lawyer is now to discuss with Mr. Tekari to response to my offer.

In the mean time I send a email to the lawyer of MGT bausystem, summarising the discussion. I also indicated that we may pursue a compensation for all the physiological stress that implied on us due to this unprofessional and scamming business practice. Now waiting for a feedback.
I would expect a builders quote to be ex VAT
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Old 04.12.2013, 14:18
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Re: Be Aware of Scam Builder MGT Bausystem

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I would expect a builders quote to be ex VAT
Likewise.

Tom
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Old 04.12.2013, 14:21
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Re: Be Aware of Scam Builder MGT Bausystem

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I would also consider asking a friendly Mod here to change the title of this thread. Calling him a Scam builder at this stage may not help you if he or his lawyer were to see this.
Agreed.
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Old 04.12.2013, 16:11
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Re: Be Aware of Scam Builder MGT Bausystem

Maybe remove his name too, you don't need him suing you for 'Verleumdung' if this case goes further.

Can reinstate it once the process is finished if you are entitled to under your settlement / win.
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Old 04.12.2013, 18:57
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Re: Be Aware of Scam Builder MGT Bausystem

Very curious how this ends up, as I get the feeling that you have very few rights here.
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Old 04.12.2013, 19:48
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Re: Be Aware of Scam Builder MGT Bausystem

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I would also consider asking a friendly Mod here to change the title of this thread. Calling him a Scam builder at this stage may not help you if he or his lawyer were to see this.
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Agreed.
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Maybe remove his name too, you don't need him suing you for 'Verleumdung' if this case goes further.

Can reinstate it once the process is finished if you are entitled to under your settlement / win.
I agree, but I think it's up to the OP to ask.

I would point out that just in the last week we've had one case of someone being legally threatened about a similar post he made three years ago and asked for it to be removed. If I were the OP I'd take note and ask for removal of details from the thread title and the posts...
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Old 04.12.2013, 19:55
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Re: Be Aware of Scam Builder MGT Bausystem

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I agree, but I think it's up to the OP to ask.

I would point out that just in the last week we've had one case of someone being legally threatened about a similar post he made three years ago and asked for it to be removed. If I were the OP I'd take note and ask for removal of details from the thread title and the posts...
I would add that it may be temporarily therapeutic to name and shame, but in these situations it is best to take a deep breath and a step back before clicking "post."
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Old 04.12.2013, 19:56
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Re: Be Aware of Scam Builder MGT Bausystem

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I would also consider asking a friendly Mod here to change the title of this thread. Calling him a Scam builder at this stage may not help you if he or his lawyer were to see this.
Didn't have to ask. I've altered it to something more fitting assuming I've read the OP's post correctly.
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Old 05.12.2013, 13:46
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Re: Contractual problem with Builder MGT Bausystem

Hi There, I agree with the comment using the name directly, and would like to edit the original thread accordingly. Can some one advise me how I can edit the original post please?
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Old 05.12.2013, 14:32
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Re: Be Aware of Scam Builder MGT Bausystem

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I agree, but I think it's up to the OP to ask.
Not really...you're a Mod on this forum and the OP is effectively anonymous - it is the Forum that would be up on defamation charges.

See every thread about a certain Financial Provider rhyming with 'Free Beer'.
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Old 05.12.2013, 14:40
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Re: Contractual problem with Builder MGT Bausystem

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Hi There, I agree with the comment using the name directly, and would like to edit the original thread accordingly. Can some one advise me how I can edit the original post please?
Hi Yogi - Use the report button (little red and white triangle) to report the first post of the thread. In the accompanying message, state what you would like changed. This will send a message to all mods, and someone that is online can assist. This is better than sending a message to only one mod, who may or may not be online.
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