Can a construction company suddenly increase costs despite a suspensive condition?

  • Erstellt am 2024-12-15 20:05:07

Josefstraße

2024-12-16 07:15:46
  • #1
we were in the same situation from 2021-24 with a prefabricated house and public funds. 24 months fixed price commitment. Over 13 of those months the district took time to review the housing subsidy (Corona... usually up to 6 months were usual and planned here), after that completion within the remaining time was no longer conceivable. In the end, we also ended up with a 9% additional payment for another 12 months. Including a renewed complete viability check by the authority because the construction sum changed significantly as a result. Now, 6 months after the completion notification, we are still waiting for the final payout of the remaining loan amount...

I assume that you "only" have a right of withdrawal if the loan is not approved. That was also the case for us, maybe take another look at your contract for work. What can become an additional problem: Normally you will also receive the new offer with a 12-month price commitment. If the building permit takes another 6 months now, it will get tight with that as well and the construction company might ask for more money again.
 

jrth2151

2024-12-16 10:22:09
  • #2
At the end of the day, it doesn't make a difference either way. Even if the fixed price commitment only starts in July 2024, if you submit the building application this month, construction will start at the earliest in spring/summer 25. Nothing will happen at the building authority this month and probably also early January, and you should expect about 3–6 months.
That means the fixed price commitment expires when construction begins, and if necessary, the company will increase the prices at the latest then. I would rather look into renegotiating the percentages with them and drafting a contract amendment that guarantees you that the negotiated % will remain until construction completion. You don’t want them to raise prices once now and then again at the end of 25. In the sense of: "We think this sucks now, but we’re making concessions and accept the X% if you give us a renewed fixed price commitment."
 

withoutsugar

2024-12-16 10:32:38
  • #3



This is not part of the topic but for us, it is a solid house from a renowned provider. KFW 40 shell construction (walls, roof & windows) for around 400K. With wood-aluminum windows, wooden facade. Back then we compared 6 providers, all of which ended up being relatively similar. There is no question of dumping here.
 

withoutsugar

2024-12-16 10:36:15
  • #4


Thank you for your feedback. Yes, basically it is the case that for us it took a year from application to approval of the loan. Those are time horizons that escalated completely and no one expected.

Since we – to top it all off – had a development plan made at our own expense for a plot of land near Lake Constance, and our house is an architect’s house, we were able to obtain a quick building permit as part of a notification procedure. Meaning: We are already on it, we have built the sewer,... in March the basement construction will start and the house is actually supposed to be erected by the end of April. Actually.
 

withoutsugar

2024-12-16 10:37:31
  • #5
Thank you for your feedback. Our building permit has been granted and we are practically already working on the basement planning, etc. The house is supposed to come in April/May. So still completely within the 12 months.
 

jrth2151

2024-12-16 13:02:01
  • #6
That was quite a mess for you then. But at least you can start promptly. Is it a prefabricated house or classic brick by brick? Do they only deliver the shell or also screed, etc.? If you really manage to get everything done before July, then your question certainly makes sense. Can you show us the excerpt from the contract? Without that, we can hardly help further. Maybe someone here is an expert and can give you an initial assessment.
 

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