Are additional material costs allowed in a construction contract despite a fixed price?

  • Erstellt am 2022-07-09 20:56:28

Micha3451

2022-07-09 20:56:28
  • #1
Good day, we have concluded a unit price contract with our structural builder. The contract stipulated that the prices remain unchanged until the complete execution of all services and that there are no material price changes nor labor price changes. VOB B and C are part of this contract. We are now supposed to pay €5000 more in material costs, is this legally permissible? We have already paid €4000 of this in an interim payment because we thought we were obligated to bear the additional costs, is that the case or is there a possibility to reclaim the money, or to deduct the difference on the next invoice?
 

WilderSueden

2022-07-09 21:44:48
  • #2
As the lawyer so nicely says... it depends on the individual case. As a rule, he cannot simply demand more, that is business risk. But there are cases where he may be allowed to do so. Specifically, the structural builder would significantly increase his chances if he refers to §313 Baugesetzbuch, but then the calculation must also be disclosed. More on this can be found, for example, in the thread:
 

Micha3451

2022-07-09 22:43:45
  • #3
He has already erected the shell and it is finished. So, with ongoing construction, prices have changed, accordingly one can no longer withdraw from the contract, the problem now is that a surcharge is being demanded that was not agreed upon before. So the time span was not that long, signed in March 2022 and shell finished in July.
 

kbt09

2022-07-09 22:47:05
  • #4
In the other thread you wrote


Could it be that the quantities of some items have increased and that is why the additional cost has arisen?
 

Micha3451

2022-07-09 23:29:59
  • #5
That also applies to some positions, but that is unavoidable. The point is that on the 2700kg of steel, an additional cost of €0.79 per kg was added, and the bricks per m3 also became more expensive, so the base price was changed.
 

hauskauf1987

2022-07-10 09:08:26
  • #6
Fixed price is fixed price...
Would refer to your contract
especially if you signed in March... the prices were already high then...
 

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