Bauexperte
2016-03-01 13:24:57
- #1
@ all
Yesterday, the magazine WISO® once again reported on the topic of construction defects and their consequences**. According to the report, a license partner (BU) of the Town & Country House Licensor GmbH left several families with heavily flawed construction sites/single-family homes. The licensor does not see itself as responsible; the construction sites are inactive; several lawsuits are ongoing.
Once again, you will have to realize—if you watch the contribution (**)—that the risk of falling into a trap when choosing your temporary construction partner can be significantly reduced:
1. Possible Favorite
Gather as much information as possible about the potential construction partner. Inform yourselves about the company. Is it reputable? How long has it been in existence, can it provide reference projects?
2. Construction/Service Description
The service description lists which services the provider has to perform. The rule here is: the more detailed it is, the better.
3. Construction Partner
The contract for work should definitely be in writing. Only in this way can you enforce your rights in case of dispute. Wording in the contract must not be vague!
4. Fixed Price
Agree on a valid fixed price until acceptance in the contract for work. Also, you should fix the costs for possible extras in advance.
5. Payment Plan
You should only make partial payments according to actual construction progress. This way, as builder(s), you ensure that you receive a service for your money—and your money is not lost even if the construction company has to file for insolvency.
6. Deadlines
Agree on a contractual penalty in case the company culpably exceeds the construction time and other deadlines.
7. Securities
Request securities from the provider for insolvency cases (e.g., completion guarantee or warranty bond).
8. Acceptance
When accepting, you should not agree to compromises. Insist on a formal final acceptance. It is important for the due date of the final payment and the start of the statute of limitations. Take an expert with you at the latest at this point.
9. Statute of Limitations
Another tricky point in construction contracts is often the statute of limitations. Many construction defects/issues only become clearly visible years after moving in. The VOB (Construction Contract Procedures) only provides for 4 years of warranty. Without special regulation, 5 years apply as the statute of limitations under the Building Code.
Laypersons are mostly uncertain regarding work contracts. Therefore, you should have your contract checked by an expert (lawyer, expert, building consultant, consumer advice center).
However, anyone wanting to check construction documents as a construction layperson must be familiar with both legal and technical construction issues. This overwhelms most laypersons! Qualified help is provided by involving specialists. An additional look at the construction description should be taken by an _independent_ specialist not connected with the provider:
This way, many pitfalls in the contract can be uncovered and negotiated away before the ink for the signature has flowed. Builders who prefer to save these additional costs often pay much more later!
I also offer these evaluations of construction documents—except legal advice—and therefore know very well their justification!
The costs range—from the expert—starting at €20.00 for an initial consultation up to €450.00 for a comprehensive review of all contract documents. Only when these review mechanisms have been exhausted should the contract for work be signed!
Although this has already been frequently written about here in the forum, I would like to appeal to you not to forego expert construction supervision even during the later house construction. Every reputable provider will welcome these experts; true to the motto: “four eyes see more than two”. Suitable for this are every
as well as
The costs depend on the scope of the new building project and start at €2,500.00.
Always remember: It is better to forego an alleged nice to have “upfront” and purchase expertise than to find out “afterwards” that the remaining reserves (if available at all) will not be sufficient to mitigate financial loss!
Rhenish greetings
Yesterday, the magazine WISO® once again reported on the topic of construction defects and their consequences**. According to the report, a license partner (BU) of the Town & Country House Licensor GmbH left several families with heavily flawed construction sites/single-family homes. The licensor does not see itself as responsible; the construction sites are inactive; several lawsuits are ongoing.
Once again, you will have to realize—if you watch the contribution (**)—that the risk of falling into a trap when choosing your temporary construction partner can be significantly reduced:
1. Possible Favorite
Gather as much information as possible about the potential construction partner. Inform yourselves about the company. Is it reputable? How long has it been in existence, can it provide reference projects?
2. Construction/Service Description
The service description lists which services the provider has to perform. The rule here is: the more detailed it is, the better.
3. Construction Partner
The contract for work should definitely be in writing. Only in this way can you enforce your rights in case of dispute. Wording in the contract must not be vague!
4. Fixed Price
Agree on a valid fixed price until acceptance in the contract for work. Also, you should fix the costs for possible extras in advance.
5. Payment Plan
You should only make partial payments according to actual construction progress. This way, as builder(s), you ensure that you receive a service for your money—and your money is not lost even if the construction company has to file for insolvency.
6. Deadlines
Agree on a contractual penalty in case the company culpably exceeds the construction time and other deadlines.
7. Securities
Request securities from the provider for insolvency cases (e.g., completion guarantee or warranty bond).
8. Acceptance
When accepting, you should not agree to compromises. Insist on a formal final acceptance. It is important for the due date of the final payment and the start of the statute of limitations. Take an expert with you at the latest at this point.
9. Statute of Limitations
Another tricky point in construction contracts is often the statute of limitations. Many construction defects/issues only become clearly visible years after moving in. The VOB (Construction Contract Procedures) only provides for 4 years of warranty. Without special regulation, 5 years apply as the statute of limitations under the Building Code.
Laypersons are mostly uncertain regarding work contracts. Therefore, you should have your contract checked by an expert (lawyer, expert, building consultant, consumer advice center).
However, anyone wanting to check construction documents as a construction layperson must be familiar with both legal and technical construction issues. This overwhelms most laypersons! Qualified help is provided by involving specialists. An additional look at the construction description should be taken by an _independent_ specialist not connected with the provider:
[*]New construction starter package via the Association of Private Builders
[*]Offer check via the Builders' Protection Association
[*]Review of developer contracts via the Consumer Advice Center (VBZ)
[*]Stiftung Warentest
[*]Energy agencies
[*]Any building expert with a suitable offer
[*]Any lawyer specializing in construction/contract law
This way, many pitfalls in the contract can be uncovered and negotiated away before the ink for the signature has flowed. Builders who prefer to save these additional costs often pay much more later!
I also offer these evaluations of construction documents—except legal advice—and therefore know very well their justification!
The costs range—from the expert—starting at €20.00 for an initial consultation up to €450.00 for a comprehensive review of all contract documents. Only when these review mechanisms have been exhausted should the contract for work be signed!
Although this has already been frequently written about here in the forum, I would like to appeal to you not to forego expert construction supervision even during the later house construction. Every reputable provider will welcome these experts; true to the motto: “four eyes see more than two”. Suitable for this are every
[*]TÜV®
[*]DEKRA®
as well as
[*]independent architects
[*]independent civil engineers
[*]independent experts specializing in new construction
The costs depend on the scope of the new building project and start at €2,500.00.
Always remember: It is better to forego an alleged nice to have “upfront” and purchase expertise than to find out “afterwards” that the remaining reserves (if available at all) will not be sufficient to mitigate financial loss!
Rhenish greetings