Claim for damages/construction company possible? Construction delay of four months

Hello,

last year we bought a nice plot of land in Falkensee. In November, all documents were sent by our construction company to the responsible building authority so that the building permit could be granted.

In January 2013, a building permit was issued with a condition included. Now the real problem began. According to the building authority, the construction company's planning office should have known that with a neighboring railway property an immissions protection value results and therefore the planned wall thickness would not be sufficient. After some emails and phone calls, it was clear that their insurance would cover the additional costs. (A weight was lifted off our shoulders) Unfortunately, the ordeal is not over yet and now my problem comes. The construction company needed from January 2013 to April 2013, so 4 months, to send the new documents with the changed wall thicknesses to the building authority!!! That means I have been paying provision interest on my construction loan diligently since November, but the construction company really has not done anything yet, on the contrary, due to the fault of the construction company I am already 4 months behind schedule. Therefore the question: can I sue the construction company for damages? It would be great if anyone perhaps has a tip, I am slowly desperate... Thanks in advance.

I think that 4 months are within the tolerance and you won't get away with it. I don't actually know, but a legal dispute can reach or even exceed the amount of your default interest... and now already argue before the building frenzy starts?

Hello Alexander

You still have the entire house construction ahead of you. And that will take months and require a lot of communication between you and your provider.
Do you really want to sue your business partner now, before construction even begins?? How is it supposed to go on then?
Have you talked to him yet? Tried to come to an agreement with him? Explained the problem to him?

On what basis is the house construction supposed to proceed if it starts like this?
If you are already thinking about a lawsuit, then you have clearly chosen the wrong construction Partner - or your developer has chosen the wrong construction Partner...

Cool down! The challenges are still to come!!

Regards
Micha

PS: What does your contract say about a construction time guarantee?

PPS: A lawsuit would probably cost far more than the interest - you would have to pay everything yourself - your (possibly existing) legal expenses insurance does not cover the case!

Hello,

the Germans and their favorite argument: lawsuit

Unfortunately, the ordeal is not over yet and now my problem comes up. The construction company took from January 2013 to April 2013, that is 4 months, to send the new documents with the changed wall thicknesses to the building authority!!! That means I've been diligently paying commitment interest on my construction loan since November, but the construction company hasn't really done anything, on the contrary, due to the construction company's fault, I am already 4 months behind schedule.
Therefore the question: can I sue the construction company for damages? It would be great if one or the other maybe has a tip, I'm slowly getting desperate... Thanks in advance.

My previous posters have already given you the right answers. You are still at the very beginning and already want to take a confrontational course with your chosen provider? Not a good idea! Without knowing the contracts, I would also assume that the guaranteed construction period – as far as you have even negotiated one – only starts from the actual start of construction?

If at this point in time – for whatever reasons – you cannot/will not talk to your provider about this topic, collect the evidence of the additionally spent amounts and bring them up (again?) at the final settlement. Maybe the provider will agree to that...

A brief remark: something like this or something comparable can always happen, that’s why it is so important not to build at any cost. Your post reads as if the additional commitment interest hurts you a lot...?

Rhenish greetings

But why does the whole thing take 4(!!) months?

Either the contract contains a guaranteed completion date or...see previous poster.
Tough luck....

And once again emphasized: if the construction hasn't even really started, it's anything but wise to immediately sue the contracting party.
If you do that...good luck with the construction. You will end up in court over every little thing and the whole thing will take years....