Building without work plans

  • Erstellt am 2016-06-23 08:47:09

alter0029

2016-07-31 22:24:30
  • #1

Then I congratulate you on your lawyer, who seems to have clairvoyant abilities. She already wrote on July 15th, 2016, that after consultation with the structural engineer, it would at least be possible to build the windows up to directly below the ground floor ceiling in the ground floor.
 

86bibo

2016-08-01 09:09:27
  • #2
Unbelievable, what things people here discuss for hours in public. When I finally try to understand the 10 pages here, it is solely about the disagreement regarding the height of the house. Who is to blame, I will leave that open, as we cannot make a final judgment here in the forum. Everything else is more or less minor issues that come up with every house construction and so far have caused no damage. That both parties no longer want to make compromises with such hardened fronts is probably clear. The company wanting payment for all work not contractually agreed upon (and thus calculated) should also not be surprising and is by no means morally reprehensible.



That it is possible does not mean that the required plan changes are already ready in the drawer. You send change requests to the company 2 weeks before the start of implementation and expect them to just wait to carry this out? Moreover, "basically possible" means that it still has to be precisely calculated. A structural engineer cannot do that in their head and needs time.

On the subject of timing: I work in an industrial company and there many departments are short on resources. There are slots for each project. If, for example, I cannot use my 3-week slot on time, another job is not simply moved ahead (because it might not yet be able to start), and I shift behind, but I can apply for completely new resources. That means potentially a 3-month delay. In the construction industry, it is not quite as extreme, but with the current order situation and tight schedules, it is not much different.

You naturally have the right to build your house as you wish. You even should, otherwise it would make no sense. However, the builder can only keep to his schedule if he carries out the work as contractually agreed. Delays caused by customer change requests, of course, are at the customer's expense. I do not know how it was in your profession, but you were surely also paid for what you delivered. If, in addition to playing your instrument, you also had to set up and tear down the stage and help with catering afterwards, you would not have done that for free in the long run. Similarly, no one could have expected you to suddenly, 3 days before the concert, not play your piece on instrument A but on instrument B at the customer's request. To be able to do this with the required quality, you need a certain preparation time, and that is exactly what is happening with your windows at the moment. Building a house is certainly not a great artistic activity, but if in the end the ceiling falls on your head, that won’t help you either.
 

alter0029

2016-08-01 09:39:10
  • #3
One more thing must be said: we straightened out the messed-up preliminary planning with our own initiative and the help of another architect. The lady responsible for the plans at the Norddeutsche Planungsgesellschaft received all the information from us and only had to implement the changes for the building application. Her creativity was never required. The only problem was that, first, this was associated with additional costs for us and, second, it led to a delay in the start of construction by about 3 months. In the meantime, I could have exited the contract by paying what I considered an unreasonable amount. That probably would have been better, even though I would have lost another quarter of a year and a significant amount of money. However, I assumed that people would now pull themselves together and work more carefully from then on. To my great surprise, I then learned that the execution plans would be produced without further consultation and that none of those responsible would come to us. I was only asked by the managing director of NSK whether there would be any changes to the location of the interior walls. It was an eyesore to me anyway that the Norddeutsche Planungsgesellschaft would carry out this work again, and I would have preferred to commission an architect whose qualities I am convinced of. What I then received, and what can be seen on the first page of my report, makes me understand why NSK did not want to agree to this. This "work" probably cost hardly any money. If they had had to pay me the share for the execution planning, the profit would have been significantly lower. However, we would then have received plans that were free of errors and in accordance with our wishes.
 

Legurit

2016-08-01 11:16:34
  • #4
Can someone end the [Rosenkrieg]?
 

alter0029

2016-08-01 11:27:21
  • #5

This is exactly what happens when the architect provided by the construction company does not conduct planning meetings, details are determined at his discretion, and then I have to go through the plans with "my" architect to check for errors and details we don’t like. From the beginning, we wanted the windows to be as high as possible. In our current house, we have large windows and enjoy how much light comes into the house. We simply want that in the new house as well, even if the architect himself might prefer it a bit dimmer. As already noted: the building permit has been available since early May. There would have been enough time to carry out the planning so that work could have started long ago. So, we are back at the beginning of my report.

....I needed the appropriate qualification, and if the architect plans a kitchen window below the countertop, I dispute that. It could be called a mistake, but not when it is explicitly pointed out.
 

86bibo

2016-08-01 12:50:33
  • #6
That the architect’s planning did not please you, you have already mentioned several times. Nevertheless, you signed a contract and a working plan. The price and schedule are based on this. Any change (regardless of who is "at fault") costs money and takes time. This is then borne by the client, which in this case is you. The windows deviate from the original plan, so the delay is also your fault. That you possibly wanted it this way from the start does not matter, since it was not commissioned so far. I can very well understand your frustration and also that as a layperson you cannot have full insight into all details. Nevertheless, what counts first is what was contractually agreed. Otherwise, anyone could do whatever they wanted at the construction site. Since you have now entrusted the matter to your lawyer for some time, you are certainly entitled to do so. But you surely do not actually expect that the "defendant" will now accommodate you in any way. He will try to complete his work as quickly and contractually as possible so that he can close this losing business.

I have the feeling that you rushed into the endeavor a bit too quickly in the beginning. Either it was the "time pressure" or the euphoria, I don’t know. The contractor apparently did not sufficiently point out all conditions to you or you talked past each other. I do not want to judge that and as a customer one can naturally find this reprehensible. But: Ultimately, you still decide when and how you enter into contracts with whom. If you signed something that was not in your interest, then you are not innocent in this either. If you, to put it provocatively, did not understand the content, then at that point you should have consulted a construction supervisor/expert/architect. Of course, the builder can and may do this too, but he is not necessarily obliged to discuss the basics of landscape planning, statics, etc. with you. If, on the other hand, you already knew exactly that the plans did not correspond to your ideas (window heights), then I wonder how anyone in the world could sign it voluntarily.

Ignorance unfortunately does not protect against punishment.

The issue with the height of the house is not for me to assess here and it may well be that you are acting legally correctly in this case. All other matters, however, appear to me to be very much exaggerated and an attempt to badmouth a company here at all costs.
 

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