Completion date in General Contractor Agreement - Wording assistance

  • Erstellt am 2019-05-28 21:26:09

ypg

2019-05-29 11:01:05
  • #1


But then let a severe negative weather period come... this time will be added to the promised time, right??? Just a thought, I don't know.
 

goalkeeper

2019-05-29 11:03:00
  • #2


No, no... the topic of "acceptance" is regulated in a separate paragraph. Furthermore, it is additionally covered in the new construction contract law of 2018, which I recommend to everyone here who gives tips on the general contractor contract.

Unfortunately, many outdated and now changed paragraphs are still in circulation here, which many probably do not know yet.
 

goalkeeper

2019-05-29 11:08:25
  • #3
That's correct - he can of course refer to that, especially because we want to do the shell construction in autumn/winter.
 

Zaba12

2019-05-29 11:29:41
  • #4

No bad-weather clause included? I repeat myself again, because I see more bad than good construction sites in our building area. If there are problems on site and/or delays occur, the general contractor will not double the workforce to keep your deadline; instead, he will rather pay you a minor delay penalty! Was that regulated for you as well? What does it say if you cannot move in after 12 months? Nothing?



To refer again to my neighbor with the 14-month construction period who still isn't finished...

I know the general contractor contract since we also requested a quote.
It stated construction time of 9 months from receipt of the building permit plus bad weather, with delay penalties starting after 10 months.

My neighbors received the building permit in January 2018, started in March 2018 with earthworks, move-in date still open.

Therefore, I tell you, if they can’t speed up, they won’t speed up. The contract helps you little in that.

But let’s not paint the devil on the wall. Everything could go well. But detach yourself from this contract, especially the completion deadline.
 

goalkeeper

2019-05-29 11:33:21
  • #5
Then the new building law applies and he will be liable for damages - the exact damage must then be determined - if necessary by court. Here, for example, he will have to pay the commitment interest and our rent. He will not agree to an additionally agreed penalty clause.
 

Zaba12

2019-05-29 11:41:24
  • #6


I already said, detach yourself from the deadline and accept that you will get something in case of delay, even if it won’t cover the Baukindergeld. I didn’t want to say more. It’s just unfortunate if he finishes in January 2021; that little rent and standby interest is negligible. For 2 children, for example, you directly lose around €40,000 with me.

EDIT:
Another thought. Since I haven’t done the tax return for 2018 yet this year, only the tax returns for 2017 and 2016 can apply for the Baukindergeld! In other words, if you miss the tax return deadline, you can only submit the old one, because you don’t have the new one yet—or am I wrong?

EDIT 2:
It says on the Baukindergeld page: Applications 2019, tax return 2017 and 2016. I repeat...
 

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