Additional costs for the basement due to insulation not considered in the contract

Hello everyone,

In 01/2011 we concluded a contract for a prefabricated house (single-family house with a basement apartment). During the selection of features for the basement, it became apparent that the contract only provided optionally for a 6cm insulation of the side walls, but 8cm is required. An 8cm insulation of the floor slab was not part of the contract at all. Additional costs of 12,000 EUR are arising.

In my opinion, the developer should not have offered this, because the execution of the construction project would certainly not have met even the requirements of the Energy Saving Ordinance. For the project, we had even specified Kfw70.

How do you advise us to proceed? We have already complained about the whole matter. Should we set a deadline and now threaten with a lawyer? Possibly withhold the last payment (5%) in order not to delay the construction progress with legal proceedings?

Thank you very much for your response.

Best regards,
Fam. Müller

Hello,

In 01/2011 we concluded a contract for a prefabricated house (single-family house with a granny flat in the basement). During the selection of the basement finishes, it turned out that the contract only optionally included insulation of the side walls with 6cm, but 8cm is required. An 8cm insulation of the floor slab was not part of the contract at all. Additional costs of 12,000 EUR are arising.

On the one hand, almost all providers keep their offers competitive; most shy away from disclosing the actual costs like the devil from holy water. On the other hand, I do not believe that 12,000 EUR for 2 cm thicker insulation (which is, in my opinion, too little) of the side walls as well as the floor slab (by the way, it makes more sense to insulate the floor slab) is estimated. If in fact a granny flat is to be built in the basement, several measures – depending on the soil conditions – must be taken. ;)

In my opinion, the developer should not have offered this, since the execution of the construction project would surely not even have met the requirements of the Energy Saving Ordinance. In this project, KFW70 was even specified by us.

Unfortunately, it is so – morally justifiable or not: whatever is not stated in the construction description (BB) is considered not purchased!

How do you advise us to proceed? We have already complained about the whole thing. Should we set a deadline and now threaten with a lawyer? Possibly withhold the last payment (5%) in order not to slow down the construction progress with lawsuits?

A lawyer will tell you nothing different than what I wrote in the previous paragraph, the law (as you described excerpts of the BB) is on the side of your prefabricated house provider, you should have read the BB more carefully; therefore you can at least save these additional costs ;)

Instead, I would spend the "saved" money on external help and thus possibly shift further discussions on BB contents yes/no to another level. Feed Aunt Google with "independent construction supervisors/experts in BW" and call through; where you find a respondent agreeable, arrange a personal meeting and discuss the further procedure. Already thinking about reducing the agreed installment payments now will rather worsen the already disturbed communication than create solutions ;)

Best regards