Behavior/Consequences towards Construction Company

  • Erstellt am 2022-07-17 13:40:00

Neubau2022

2022-07-18 08:31:42
  • #1


This is somehow often; too often; the case that the main contractor is trusted blindly, even with high six-figure sums. An external construction supervisor must be involved from the very beginning. What if the foundation slab was done incorrectly? That cannot be changed anymore. You can rather save the €3,000 for a nicer bathtub than for the external supervisor. But I will definitely write this several more times in this forum...
 

Tolentino

2022-07-18 08:34:27
  • #2
And you say that as someone for whom not much went wrong. But you're right. My expert was called conflict-averse at the shopping center around the corner. And yet I needed him several times because my [GÜ] would have otherwise completely fooled me.
 

filosof

2022-07-18 08:42:11
  • #3
I consider it problematic to so clearly and bluntly push for waiving legal advice here. It’s not about immediately rushing to a lawyer and filing a lawsuit. My advice would be to consult a lawyer now to review the contract and the possibilities arising from it. The construction company doesn’t have to know about this at all yet. It costs a few hundred euros, which in my opinion is money well spent – even in case the December deadline cannot be met.
At the same time, I agree with the other forum members who advocate arranging an interim solution immediately – while continuing to stay in contact with the construction company and keeping up the pressure (initially without threatening legal consequences).
Really stupid situation, and I wish you all the best and good perseverance!
 

Neubau2022

2022-07-18 08:42:39
  • #4


Not quite true. A few "little things" did go wrong. But it's not for nothing that they say there is no construction site without mistakes. After all, humans are at work there and not robots. And the robot would also have to be programmed by humans, so also prone to errors. An external construction supervisor does not prevent mistakes, but he minimizes the likelihood that some go undiscovered :cool:
 

Fleckenzwerg

2022-07-21 10:18:40
  • #5
Yes, an expert from the beginning would probably have been advisable. But here you also have to separate things: If the previous work is clean (which without an expert at this point you can no longer really determine, keyword foundation slab), an expert would have had nothing to complain about. The controversial issue here is "only" the schedule. And if the condition of completion in May 22 is a KO criterion for you, you should have insisted on including this date as a binding completion date in the contract. Everything else is smoke and mirrors. If the GU did not want to agree to this, that would have given me pause in your place. If May 22 was supposed to be that easy, why is it not in the contract? If delays occur that are clearly not the fault of the GU, then he is off the hook for overruns. But now we are where we are. How about the installments and the 5% retention due to you according to the Construction Contract Procedures (Baugesetzbuch). Or are there guarantees? The latter are probably difficult to use as leverage, especially since we do not yet have 12/22.
 

Tassimat

2022-07-21 11:56:55
  • #6
Perhaps the most exciting question now is: How can one ensure and put pressure on making sure that the house is really finished by December 22nd? From when is it clear that this date can no longer be met? Is there a schedule for when what will happen until the end of the year?
 

Similar topics
29.09.2011Is construction pre-planning without signature / contract legally valid?12
04.07.2015House contract with financing condition, lawyer wanted10
26.10.2015Have the house inspected by a professional / expert?12
04.07.2016Building without a contract - Concerns?39
13.09.2016Insulation under the floor slab EPS or XPS?12
12.10.2016KFW55 Expert - How does it work?12
28.05.2017Plundering the Riester contract - for less need for credit?16
18.08.2017First invoice for earthworks and base slab due25
16.08.2018Civil engineering works without a contract - normal, experiences?10
30.08.2019Expert: For which construction phases is it urgently necessary?51
22.09.2018The floor slab for the sewage pipes was poured incorrectly!10
12.03.2020Start of house construction / Foundation slab is being laid / Tips13
11.04.2020Construction law - hire a lawyer or not yet16
27.06.2020Base plate incorrectly positioned40
28.12.2020All wastewater pipes in the floor slab are incorrect.14
14.06.2021Expert during the construction phase22
28.10.2021External construction supervisors Berlin / Brandenburg towards West24
14.07.2022No construction start date from the house building company! What can we do?14

Oben