Before the last installment, how should one behave correctly?

  • Erstellt am 2020-01-28 04:40:29

miet-er

2020-01-28 04:40:29
  • #1
Hello,

we had a house built under a VOB contract and the handover/acceptance is scheduled soon. On this key date, we are to transfer the final installment. Basically, this is also possible from my point of view, but I am annoyed by a deviation from the drawing. I would prefer a discount because it was not done as shown in the drawing.

The site management denies everything, everything is present, but one detail was simply not built according to the drawing.

Now the question is: according to my understanding, the deal is done as soon as I have paid in full, meaning there is no prospect of claiming anything further or insisting on construction according to the drawing. The final installment is basically intended to serve as a means of leverage. On the other hand, the move-in date is approaching, and we want to avoid further double burdens.

What course of action would be advisable here?

Thanks in advance for any useful advice...
 

Müllerin

2020-01-28 06:20:27
  • #2
Hm what detail doesn’t fit? Maybe it’s disproportionate to change something after completion anyway. But in general, you are of course right - I would reserve the right to make the transfer after or directly on site if everything fits. Or to make a deduction if done in advance.
 

miet-er

2020-01-28 06:41:10
  • #3
So now that the walls have been plastered and wallpapered, there is almost no solution left to correct the passage height. I am not familiar with the options regarding acceptance/final payment under [VOB]. We do not want to postpone the move-in date any further, but I also do not really want to pay in full.... what could be done, who knows about this?
 

cschiko

2020-01-28 08:14:02
  • #4
So does that mean a passage is lower than planned? By how much? Or is it just lower than it appeared on the drawing? Because one can easily be mistaken there, and what is important is the [Ausführungsplanung] with the corresponding measurements!
 

seat88

2020-01-28 08:20:45
  • #5
In the drawing, only the raw construction dimension is certainly shown. The actual passage height must be inferred from it.
 

fragg

2020-01-28 08:29:30
  • #6
The acceptance of individual trades occurs automatically through the continuation of the subsequent trades, unless the tradesperson of the subsequent trade reports the defect. Welcome to the VOB

You have painted? Then you have already accepted the height. Or did you report the height in writing as defective before painting?

Final payment only after final acceptance. Defects occurring during final acceptance and the contractual penalty can then be withheld, but you have to write a letter explaining everything to the construction company: what, how, where, why.

Final acceptance takes place automatically by moving in.
The construction company can request a final acceptance.
 

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