Backfill material / underground construction worker

Hello,
and once again we are having trouble with our earthworks contractor.
As already with the excavation, we have the same earthworks contractor (from our general contractor). He is supposed to backfill and compact.
We had no storage option for our excavation material and had to have it transported and deposited (at our own cost). Even then, the earthworks contractor's prices were > 20% higher than the local competition. We would have gladly commissioned another earthworks contractor for the transport and deposition, but this did not happen due to missed deadlines.

Now follows the second part.
Originally, the sewer work, backfilling, and compacting were planned for last Monday. For the delivery of the backfill material, we commissioned another earthworks contractor, since this time the earthworks contractor of the general contractor is 130% !!!! above the offers of other earthworks contractors.
And as expected, last Friday we were informed that due to an employee's illness, the work could not be carried out.
So we had to cancel the delivery with the other earthworks contractor. The whole week was then about a new date, and suddenly the prescribed earthworks contractor can only do it if the supplier is on vacation, namely in 3 !! weeks. *nightingale listen here footsteps*.
We are very annoyed about this approach and believe that they want to "force" us to buy the material from this prescribed earthworks contractor. The structural builder (also prescribed by the general contractor) would have gladly taken over the work, but the general contractor refuses ...

We consider the earthworks contractor's offer not only unprofessional, no, we even consider it immoral, because they are deliberately exploiting our situation. (§ 138 Baugesetzbuch Sittenwidriges Rechtsgeschäft; Wucher)

Now we would like to hear opinions on how we should best behave or a tip on how we can still reach an amicable agreement here without much stress.

Does anyone have an idea?

Thanks
Hilaria

Hello,

...
Now we would like to hear opinions on how we should best behave or a tip on how we can still amicably agree here without much stress.

The earthworks you describe are not covered by any contract for the construction of a house; at least according to my current knowledge and provided the project is not a classic builder contract. This means they fall under the category of ancillary construction costs and must therefore be commissioned and paid for by you.

If the preferred civil engineer of your general contractor abandons you, your general contractor cannot force you – not even under normal circumstances – to commission them anyway. And if the shell builder wants to take on "these works" (whatever you mean by that), your general contractor cannot refuse to let you commission them => these services are not part of his scope of delivery and you "pay the piper" directly to the respective craftsman.

You should clearly communicate this to your general contractor and see how he reacts; alternatively, he can of course gladly cover the additional costs from the offer of his preferred civil engineer compared to the offer of your civil engineer.

Kind regards

Hello construction expert,

we do not have a property developer, we have a contractor. In other words, we bought the plot privately and then found a contractor who builds our (already externally planned house) according to our plans.

Nevertheless, the contract included that the earthworks !! are to be carried out by the contractor. So excavation and backfilling of the foundation pit with an earthworker specified by the contractor.
The rest is our problem (removal, landfill and re-delivery of backfill material).
This earthworker has prepared an offer for the work we must commission, which shows deviations compared to local competitors from removal/landfill > 20% up to delivering backfill material 130% !!! higher.
And that is exactly our problem.
We now want to source the material from another supplier and the earthworker is sabotaging this as much as possible ... always different excuses ... (see above).

We consider his offer completely exaggerated, as said 130% above the competition, and we do not want to accept this. We have already repeatedly pointed this out to our contractor and informed him that if the use of this earthworker is "so desired," influence should be exerted on him to present himself with market-standard prices.

Regards
Hilaria

Hello again,

we "know" each other quite well by now

Nevertheless, the contract stipulated that the EARTHWORKS !! are to be carried out by the contractor. That is, excavation and backfilling of the foundation pit with an earthworker designated by the contractor.

Yes, I have understood that correctly. Your contract surely states something along the lines of: "for the lump sum price quotation the contractor assumes a level plot of land in the normal soil classes 3, 4 and 5 according to DIN 18300 and assumes that in the foundation area a sufficiently load-bearing soil with a soil pressure of at least 200 kN/m2 uniform soil layer is present" ?

We now want to source the material from another supplier, and that is being torpedoed by the earthworker as much as possible... always different excuses... (see above). We consider his offer to be completely excessive, as said 130% above the competition and do not want to accept that, we have already repeatedly brought this to our contractor’s attention and informed him that if the use of this earthworker is "desired," influence should be exerted on him to present himself with market-standard prices.

And – how does your contractor respond to that?

Best regards

Hello construction expert, yes, we already know each other quite well.

For us, the following applies.
Earthworks for WU basement:
The excavation of the construction pit takes place in soil classes 2-5. The construction pit and working space, as well as possibly necessary foundation trenches, will be excavated. The excavation material will be stored sideways or loaded onto trucks to be provided in sufficient numbers at no extra cost, if your property is not suitable for storage.

After completion of the basement, the working space will be backfilled with the excavation material stored sideways, as far as it is suitable, or with backfill material to be provided by the client. The backfilling will be done up to the underside of the original topsoil layer and compacted in layers.

.... this is what our fixed price offer includes. The earthworks contractor will therefore be appointed by the main contractor for the work. He now made us such outrageous offers, to which we were virtually "forced" to agree during the excavation. When it comes to backfilling, we do not want to accept this. Only this consistently prevents cooperation with another supplier.
Unfortunately, our main contractor does not comment on this at all. Actually, the work should already be taking place so that the shell constructor can continue quickly after their vacation, but now our construction site is at a standstill because the main contractor insists on the earthworks contractor ... and this one can only work if the supplier cannot (illness, vacation, other construction sites, etc.).

Very annoying ....

What do you think, must one simply accept such cheeky offers of more than >130%?

Regards
Hilaria

Hello,

What do you think, must one simply accept such cheeky offers of more than > 130%?

No.

we have the following.
Earthworks for WU-basement:
The excavation of the construction pit is carried out in soil classes 2-5. The construction pit and the working space, as well as possibly necessary foundation trenches, are excavated. The excavation is stored on the side or loaded onto sufficiently provided trucks at the same price, if your property is not suitable for storage. After completion of the basement, the working space is backfilled with the excavation material stored on the side, as far as this is suitable, or with backfill material to be provided on-site. The backfilling is carried out up to the lower edge of the original topsoil layer and is compacted in layers.

This means to me also that you have to place the topsoil - after backfilling - by yourself; your fixed price offer contains no different provision.

Accordingly, the earthworks contractor is provided by the general contractor for the work ... Only one consistently prevents collaboration with another supplier.

I deliberately marked some wording in red in the first section of this answer for you. These markings have to be done by you in self-performance or as part of the ancillary construction costs; in any case, they cause you additional costs. No one - not even your general contractor - can impose a civil engineer on you if his services are not included in his (your general contractor's) scope of supply!

Our general contractor does not comment on this at all, unfortunately. Actually, the work should already be done so that the shell builder can continue quickly after his vacation, now our construction site is at a standstill because the general contractor insists on the earthworks contractor ... and this can only perform if the supplier cannot (illness, vacation, other construction sites, etc.).

He can insist on this mole as long as he wants. Again: he cannot force you to commission this civil engineer as well. However, I could imagine that he possibly wants to avoid warranty claims and therefore wants to have the earthworks done from a single source.

Suggest to him to completely remove his (i.e. your general contractor’s) contractually to be performed part: "After completion of the basement, the working space is backfilled with the excavation material stored on the side, as far as this is suitable, or with backfill material to be provided on-site. The backfilling is carried out up to the lower edge of the original topsoil layer and is compacted in layers." from his services with the aim of performing it entirely by yourself. He cannot sensibly refuse this - also with regard to a possible construction delay (which ultimately costs him money if you have negotiated wisely); the warranty is also with one hand - so it should not be a problem for him.

If he does not want to know anything about this either, then there is something else behind it; something that can be speculated about but does not help you further. Then, in my opinion, only a hint with the lawyer remains.

Best regards