Change of developer after construction has started?

By now I know, we're all freaks here who discuss just about every little detail. But if the OP wants to call the company a developer, then it is a developer. Even if it is a joint venture. 0.05% of those involved in construction make this distinction; for the other 99.95%, it is a developer.

Exactly. 90% of all cardinals can't pronounce the word "diocese" correctly - nevertheless, Easter and Christmas have never fallen on the same day.

This distinction is made by 0.05% of those involved in construction; for the other 99.95%, it is a property developer

You can't come to court with such an argument. And it will also make a significant difference in the wallet of the OP depending on the type of contractual relationships.

And as already said, it is important to know who the builder is.

By the way, in this case (assuming it is not a genuine PD) it will be decisive whether it is a general contractor or a construction manager. With the general contractor, I still have my architect with the plans.

And with the construction manager? In the worst case, not even all the plans.

I believe, beyond all word definitions, it was understood what it was about. The builder is building with a solid house provider, sort of everything from one source. And they are not making progress, yes, they don’t even seem to find subcontractors and they themselves have no craftsmen, or at least not for all trades. Now the builder is annoyed and wants to kick them out. For that, one should know what one has to continue with another. Plans? I would have what belongs to the building permit, then a fully dimensioned bricklayer plan, statics, roof construction plan, and heat calculation, plus a soil report. Does he have that too? Next question? Can one get out of the contract without too much damage? And can I immediately find someone who takes over, builds, and isn’t too much more expensive? I understand anger over a stalled construction site, but one should always sleep on it once and weigh everything. Karsten

Hello everyone and thank you very much for your responses - I am currently on a business trip and did not have my forum login details at hand - hence my late reply.

So, I can only provide more details on the exact contract content over the weekend. However, it is as Nordlys writes. We have purchased a plot of land and are building with the company whose name I do not (yet) want to mention here, so as not to potentially accuse anyone wrongly. This company has no own craftsmen and commissions construction companies to erect our building. Employed by the company is an architect who created/commissioned the house plans and also the structural calculation. We have already paid and received these with a deduction of 2.38% on the total amount.

- Despite my inquiry, no soil survey was carried out, but it was basically said that the construction company would get in touch if there was something wrong; which displeased us greatly.
- Furthermore, we were pressured to avoid an "expensive" elevation measurement and to use a point above the (construction road) as the reference height, which I also found very odd, since it was offered as a free inclusive service.
- The free final construction cleaning was also only offered to us if we agreed to a house viewing, although it was advertised as an inclusive service.
- To this day, although the base slab is already in place, I have not yet received the promised schedule from the site manager, which I requested early on.
- He mostly appears unprepared at meetings but regularly reassures us with the words that he is doing his job and will take care of it.
- For example, he asks us every time whether we have any own work to do, which we always confirm because we are doing the electrical work ourselves and have asked him several times at which points we will be involved.
- We were also assured that, for example, applications for water, etc. would be organized by the company. At the last meeting, however, he knew nothing about this, although he had written it down before and received the contract from us.
- At the last meeting, he also reminded us that he still needed a kitchen plan, which we had already sent him a month earlier....

The clarifying meeting is scheduled for next week. At the moment, we are considering at least requesting a change of site manager, as he has demonstrably lied to us (he claimed daily that construction workers would come the next day, although the construction company was closed for vacation and he was informed). We have already been offered an amicable settlement (due to the delays and unperformed services).

As already mentioned at the beginning: We have not made the decision to change the general contractor but have the thought in mind and welcome input from those who may have already gone through this and/or can give us advice. If we do take this step, a lawyer will of course be our only option, as neither of us are lawyers nor have any lawyers in the family.

I am aware that I would have to pay the contractually agreed 10% penalty if the general contractor refuses to cooperate - but I would try to argue to significantly reduce this amount due to the previous delays, the unperformed services, the already high partial payment, and to preserve the good reputation of the company... (which they probably really had before we signed there).

Thank you again very much for your answers. By the weekend at the latest, I can provide deeper insights into the contract.

But you will know whether you bought the land from the company or whether you bought it externally from someone else? That is ultimately the open item of your question.

Further down, you write again about [Bauträger].... But it is not clearly worded.

Regards, Yvonne

Sorry, I had hoped to have made it clear with this:

We have bought a plot of land and are building with the company whose name I do not want to mention here (yet),

The plot belongs to us. We bought it from the municipality. The construction company is supposed to build us a turnkey house, while we will do (or have done) the electrical work, garage, and floor coverings on our own.