Building Code - Developer Contract - Postponement of Contractual Handover Date

Good morning,

I should perhaps have emphasized that better. Yes, the developer is building the road themselves!

It would be a good start if you would also provide the necessary information to (possibly) answer your question. As Musketier already pointed out, this can only be done to a limited extent, since legal advice in Germany is exclusively reserved for the advisory professions!

If your developer is also building the access road, how does this sentence go on, for example: "The cause of the delay of the contractually agreed handover date is [...]."?

Rhenish greetings

"... is the condition of the soil, which leads to a delay in the construction work."

However, this condition has been known for months and the developer has "at leisure" weighed the most favorable option for himself.

Explaining and discussing all the circumstances is too elaborate for a forum (this is really something for a lawyer). Let's simply assume that the developer is responsible for the delay.

Does the letter need to be responded to? And what claims for damages could be asserted?

Thus, we should still remain at the level of an exchange of ideas and not yet talk about legal advice.

At that time, we put the construction company (GÜ) in default when our construction period was over. With you, they inform you on their own that they cannot meet the deadline. To what extent one has to react now, I do not know.

Back then, when it was about the delay for us, I read some judgments and compensation claims were often standardized by the court.

What additional costs actually arise? Primarily, these are standby interest charges. Alternatively, the cold rent could be a point of reference. In the case of a terminated apartment, for example, a furnished interim apartment/vacation spot. But that does not apply to you due to the long-term nature of the notification. In case of shortening the commute through the move, the additional costs for the commute could possibly be a point of reference.

I hardly believe that the higher (rent) value of the new house compared to the previous apartment can be applied.

For us, however, we were better off with the lump-sum compensation payment agreed in the contract for work.

"... is the nature of the ground that leads to a delay in the construction work."

However, this condition has been known for months and the developer has "quietly" weighed the most favorable option for himself.

So a soil survey report has been available for months?

Explaining and discussing all the circumstances is too much for a forum (this is really something for a lawyer).
Let's just assume that the developer is responsible for the delay.

No one expects that from you either. But you have to put the users who want to respond in a situation where they can also answer – based on their experience in similar cases! I simply cannot sign off on just "assuming" at the moment, because information is still missing; for example the answer to my initial question.

Does a response to the letter have to be made? And what claims for damages could be asserted?

You are an electrician; therefore, I assume that you know very well – whether employed or self-employed – that pressure only creates counterpressure. Meaning, if you set up a façade up front with the threat of claims for damages, it will certainly be a fun construction project ... just not for you.

I always recommend language as the means of choice. Talk to your developer, explain to him what impact the delay has on your finances, and then see how he reacts.

Rhenish regards

Today we received a letter from the developer stating that due to extended road construction measures on the new road, the deadline cannot be met. Quote from the letter: "The new handover date is...

To be honest, I do not understand the connection between the road construction measures and the completion of the residential building. Or is the house/plot basically not accessible at the moment because there is no access?

The work on the properties / houses will not begin until the street is finished.