Cooperative law – final settlement of construction costs
The first hearing of a lawsuit by a member of one of Poznań’s housing cooperatives for payment of a certain amount for the final settlement of construction costs will be held today.
The defendant cooperative informed our client in 2005 that the final settlement of construction costs had been made and that he was entitled to an overpayment. Despite repeated reminders, the customer has not received the amount due to him. The cooperative in 2006 acknowledged that the earlier settlement was incorrect and refused to pay, citing a defect in its statement of intent. The cooperative is attempting to show in the lawsuit that it made the final settlement under the influence of error, as the actual construction costs were much higher than the original settlement.
In the opinion of the law firm, such a position of the cooperative has no legal basis and cannot effectively exempt it from the obligation to pay, according to the current case law of the Supreme Court and the interpretation of the Cooperative Law and the Law on Housing Cooperatives.
UPDATE: The case eventually ended in a settlement on terms favorable to the client.