Behavior/Consequences towards Construction Company

2022-07-17 18:06:08

So, now let's get to the point. WHAT DOES THE CONTRACT SAY???
And I don't mean what you interpret from the contract. I mean "literally". Otherwise, no one here can help you.
First you say May 2022, then suddenly something about 12/2022 and some conditions.
Make up your mind and share the contract with us...

The contract states "Completion by no later than 12/2022." At the time, we said we could not sign under that condition. The builder then said that they have to include that pro forma because of the lockdown and delivery difficulties. Because they cannot influence that under the circumstances. Which we could, of course, understand. But we received a construction schedule which both we and they adhere to (construction completion May 2022), this was signed and also submitted to the bank. The bank also followed the construction schedule.

There are no delivery difficulties (the warehouse is stocked with our materials) nor a lockdown. The deviation from the construction schedule is therefore without basis.

But then it’s apparently one statement against another, which helps no one, least of all us.

2022-07-17 18:07:15

I just guess that the general contractor is building another house and "pressure" is being applied there. Thus, all resources will be tied up there and you ("those who are not shouting the loudest yet") will be sidelined. Currently, it is the case that the craftsmen are sent from one construction site to another. Material is then not completely available or someone has to make follow-up calls. But if everything is in stock at your place, the general contractor should actually be interested in finishing the construction so that his warranty period starts. However, I assume that he currently has to "fix" something elsewhere. You should find out where that could be.

2022-07-17 19:20:50

The contract states "Completion by no later than 12/2022".

That basically says everything and the thread could be closed. Contracts must be adhered to, and therefore the general contractor has until the end of the year. Nobody cares about all the talk around it anymore. Stupid, but that's how it is.
The construction schedule is a plan in this regard. It is attributed to Einstein, who is said to have said: Planning replaces chance with error. In this respect, it remains with the completion date between you and the general contractor agreed upon in writing, no later than 12/31/2022.

Sorry. At first meant.

2022-07-17 19:28:43

The contract states "Completion by no later than 12/2022". At the time, we said we could not sign under that condition. The builder then said that they have to include it pro forma because of lockdown and delivery difficulties. Because they cannot influence it under the circumstances. Which we could of course understand. However, we received a construction schedule that both we and they adhere to (completion of construction May 2022), this was signed and also presented to the bank accordingly. The bank also followed the construction schedule.

There are no delivery difficulties (the warehouse is filled with our materials) nor a lockdown. The deviation from the construction schedule is therefore without basis.

But then it’s probably statement against statement and it doesn’t help anyone, least of all us.

1. Are you professionals that you don’t have an external construction supervisor? If not, that’s negligent. I hope you’re lucky and that the general contractor at least works diligently. Important aspects include the execution of the foundation slab and installation of the underfloor heating.

2. It’s like with us. Construction time guarantee 10 months, so end of September 2022. The first construction schedule was with house handover in May 2022. That was quickly buried. The second then end of July 2022, which also won’t be met due to the geothermal heat pump. We are now terminating the apartment as of 31.10.2022.

2022-07-17 19:33:51

That basically says it all and the thread could be closed. Contracts must be honored, and with that the general contractor has until the end of the year. Nobody cares anymore about all the talk around it. Stupid, but that's how it is. The construction schedule is a plan in this respect. It is attributed to Einstein, who is said to have said: Planning replaces chance with error. In this respect, the completion date agreed upon in writing between you and the general contractor remains valid, no later than 12/31/2022.

Sorry. Meant it first.

Thank you for your answer!

I don’t quite see it the way you do. Especially since oral side agreements (“all the talk around it”) can very well be legally effective, especially since we have not established a written form requirement. Why should I voluntarily sign the contract with that clause if then I have no place to live for 4 months? At signing, we said it MUST be finished by summer at the latest. That was agreed upon. Along with the signed construction plan.

We will contact a lawyer tomorrow and have a formal letter drafted. Maybe that will have an effect.

2022-07-17 19:48:40

That basically says it all and the thread could be closed. Contracts must be honored and the GU therefore has until the end of the year. Nobody is interested in all the talk around it anymore. It's stupid, but that's how it is.
The construction schedule is a plan in this regard. It is attributed to Einstein, who is said to have said: Planning replaces chance with error. In this respect, the completion date agreed in writing between you and the GU remains, no later than 31.12.2022.

Sorry. Meant first.

That's how it is
You have zero leverage

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Behavior/Consequences towards Construction Company

Kathi92

bauenmk2020

Axolotl-neu

Neubau2022

Kathi92

hauskauf1987