Building without work plans

Wait, just so I understand correctly. You pay the corresponding percentage amount of your "new" construction price, but withhold 5% of the entire original construction sum? In my opinion, you should have withheld 5% of the 61,364.24 euros => so just 3,068.21 euros. That means you are in arrears with your construction company by over 13,000 euros. As a company, I would also pull the emergency brake there. I just don't understand how someone can be so stubborn.

Read the Baugesetzbuch § 632 a. Otherwise, I follow my lawyer, whose specialty is construction law. If there had not been significant mishaps during the planning phase and the construction company did not put all the blame on me instead of looking for a solution, I could have made concessions. It all started with the house being drawn too low, which we, as I have already mentioned, did not notice, and I had to find an architect at my own expense who advised me in this regard because the architect commissioned by NSK was not willing to come to us or wanted an extra fee for it. Ultimately, the architect is to blame for everything, and the consultant from the Massivhaus-Zentrum literally said to me on the phone: "Der K. hat das versenkt."

I see it exactly like Jochen. Take the lower price for the partial payment, but the (not current) contract price for the retention.

That really cannot be the case.

...besides, Jochen, you overlooked that I will of course transfer the still outstanding €16,515.20 as soon as the guarantee has been received by our lawyer. Unfortunately, according to a letter from the opposing lawyer, NSK currently takes the position that we have no claim to the submission of this guarantee. On 4.7.2016, it was still stated that the client of the lawyer, i.e. NSK, was willing to "send a new unlimited performance guarantee in exchange for the return of the performance guarantee previously held by your client (that is us)". The old guarantee did not comply with legal requirements and I had sent it back.

So I'm out.

There is always something going wrong on every construction site, there are problems and obstacles. Every client and every construction company should be aware of that beforehand, then you can also deal with it reasonably.

Both of you, and , are running headfirst against the wall instead of going through the door right next to it and talking to each other sensibly. The only ones who benefit from your approaches are your lawyers.

Have fun continuing to run into the wall; but don’t complain about headaches afterwards.

: Subjectively, that may be true. The legal situation is different, and our lawyer refers to Palandt Baugesetzbuch 75. Aufl. § 632 a Rn. 18. Since there have been so many disputes with our construction company in the past that could have been resolved with some accommodation, from now on I will proceed only according to the legal situation. Although this will not exactly make the working atmosphere on the construction site pleasant, we will have to live with it.