Assignment Declaration of Credit

The topic has been settled for 2 years now.
The thread was misused for the next question from .

Sorry, I didn’t mean to "misuse" the thread.

My advisor from the Verband Privater Bauherren tried to act as a mediator after the deadline set by my lawyer didn’t "work"... Until now, I have followed my advisors’ recommendations in every decision. My lawyer, a specialist in construction and architectural law, and the supervisor from the Verband Privater Bauherren advised me to first have the defects fixed due to the double retention right. Since the contractually agreed condition (free of defects or not using wrong material) is not met, I see the contractor in breach of contract. He sells me a metal composite pipe for the underfloor heating but delivers a PE pipe; he sells me a floor slab according to DIN 18014-2014:3 but does not deliver it, instead a substandard product – and charges the full amount – similarly with the cable conduits for the roller shutter motors – sealed with silicone – OSB board on top, then the client can no longer see it... Similar with his renovation of the ring earth conductor... I go there in the evening to check it – I see about 50 cm below the base – I called the expert and the contractor – their statement was they will still fill 30/40 cm of soil over the entire property... Umm no, one must assume that everything will remain as is and that we as landscape gardeners do not have the design of the contractor or his expert prepared.

question: what do you still hope to achieve here?! you already have an expert and a lawyer involved. if resolving this together at the table doesn't work, your lawyer will probably have to show you further options. that always takes time and costs a lot of money. as the construction expert already said, there are always 2 rounds and it ends in a settlement, so you will have to pay your legal fees yourself either way. in the end, in 2 years there will be a few euros from the settlement with which you can possibly, with a lot of effort, recover your own costs. the deficiencies (e.g., PE instead of metal pipe) are then basically "settled away." basically, you MUST somehow get out of this situation reasonably with the GU today. with all the defects/errors you have listed, however, it probably won't end well. in the best case, you get out of your contract now and can finish the construction yourself.

Payday, presumably I wanted to share my frustration or my situation with someone, like you, who deal with the topic of building.... I often only get the response at work and among acquaintances... see, I told you so.

Payday, presumably I wanted to share my frustration or my situation with someone like you, who are involved with building...

Without meaning to offend you - also in house building, the principle of cause and effect applies.

When I read about the adjustment of the payment plan and then about the "thermal floor slab" - and without knowing your provider, it was clear to me that you did not choose your building partner based on commercial criteria. That is why I responded as you can read in post #31.

Ruskin's quote applies as always; so make sure you get the best out of the situation without throwing "good" money after "bad." Depending on the clauses in your contract and the amount of payments made so far, you should discuss with your lawyer and the association of private building consultants the suggestion of my previous poster. BUT only if you also have reliable partners at your side who competently support you in completing the construction project. Otherwise, the next stumbling block awaits.

Rhenish greetings

Payday, presumably I wanted to share my frustration or my situation with someone like you, who deal with the topic of building .... In the company and among acquaintances, I often only get the response ... see, I told you so

I can understand your frustration very well. It is the reason why many do not dare to build themselves. And about the "told you so": I understood your sentence about the cost plan as a building expert and thought "who buys cheap, buys twice." The stupid thing now is that you probably calculated tightly because money is tight. Now the child has fallen into the well, the costs are exploding. But it doesn't help anyone.

You already have experts for the legal aspects as well as the technical. They should actually help you solve the problem. As I already said, you MUST come to a solution with your construction companies NOW (max 2 weeks) without legal dispute. Which solution is the best can be best explained by your expert, since only he knows the defects. Some defects can also be "nitpicking" that can be let slide. Some unpleasant things will still be done anyway, such as aligning the windows during final assembly. Whether the underfloor heating is metal or plastic is initially irrelevant. Agree that he reimburses you the extra cost and let it be, etc... You cannot win the fight if you relentlessly stick to your line.