Additional costs for difficult property access

Good day,

I am currently in the following situation:

I recently bought a plot of land and now want to build a house on it.

The construction contract with a 12-month fixed price guarantee was signed in the middle of last year. The construction company brokered the plot.

The long driveway to the plot (second row development) is narrow (3.51 m) and makes a bend to the left at the end.

The neighbor on one side has built a carport directly on the border on his property between the signing of the construction contract and today, so no space can be used there. The neighbor on the right side refuses to move his hedge during the construction period.

Now the start of construction is imminent and the construction company is reporting additional costs because the "normal" construction vehicles do not fit through the driveway, especially the rear bend in the driveway causes problems. Small construction vehicles must be used, a special cement pump, etc.

The construction contract states the following:

"The calculation of the lump sum price by the contractor is based on the following assumptions:

- ....

- ....

If these assumptions are not met, the contractor has a claim against the client for remuneration of the (resulting) additional expenses."

There is nothing in these points about the driveway, accessibility, or similar.

Further in the contract it says:

"The client shall provide the following services either in-house or through third parties:

- ....

- Construction of sufficiently load-bearing access roads to the construction site (basis: heavy construction vehicles / crane up to 75 t). Ensuring free and unobstructed access to the property."

My argumentation is as follows:

- There is a fixed price

- The construction company was aware of the narrow driveway at the time of signing the contract.

- I never guaranteed that a neighboring property could be used.

- The assumptions for the lump sum price without additional costs contain no passage about the driveway / accessibility of the property.

Who now has to bear the additional costs? I would be very grateful for advice.

Best regards

Your question can only be answered by a lawyer, but the clause you quoted regarding access routes and setup area for cranes, etc., in my opinion, is included in every contract and also in the construction service description. To be sure, a site inspection should be carried out by the builder before signing the contract, and the contract should specify which additional machines are necessary (e.g., two small cranes instead of one large one, or similar). Afterwards, this is difficult.