Here, many side issues add up to a real problem:
--> List of defects:
- Too much excavation was hauled away instead of being stored... well, after the matter with BG Bau and the large excavation pit, the amount may be justified. But you yourself write: excavation according to the soil report is not allowed to be backfilled, but it was done anyway? So, more should have been hauled away? You should be glad. I am missing more explanations here. In total, 17,000€ additional cost for this first item is nothing that anyone here in the forum would be shocked about. Sure, many pay less, but unfortunately some pay more. This could have been known in advance overall.
- Basement 10 cm too high. Better than 10 cm too low. Are there any other consequences because of this?
- Improperly installed drainage. Your expert confirmed this, right? You can notice this on any construction site, the slope, angles, seals, distances... so much can be done wrong, truly 100% DIN-compliant will be the case in very few projects.
- Basement too large: how was this handled? Was the house then also built somewhat larger accordingly? An amendment to the building application or are the building boundaries then not observed? How was the problem solved? Possible additional costs: due to the larger house for you?
- Structural engineering is always an issue. I would also consider myself a victim here. According to structural engineering, our ceiling on the ground floor had to be 2 cm thicker than in the plans at contract signing, at our expense. Now one could argue about this, but the fact is: the extra work is there. You actually get additional value for the money. The structural calculation is always done only after signing (otherwise it would be much too expensive if the client then does not sign) and if the construction company does not plan its own budget buffer to be able to deliver the cheapest offer, then the client is left with the cost. I mean, where else should the money come from?
All this is annoying and expensive, no question. But against the background of rapid construction progress, a client currently has to swallow such things. Now everything is just much more expensive, nothing moves forward, extreme psychological stress, etc.
--> Winter construction site - construction interruption in December. What do you want to achieve with that? Nothing comes of it; the interruption was possibly ordered in advance due to impending cold weather to avoid having open construction phases. The court can commission expert reports to determine when, where, and how cold it was, and that with strong wind on wet surfaces even at +5°C there could be a risk of icing and therefore construction on sites x, y, and z were also interrupted, but at a, b, and c work continued. Months pass again only for the result: weather-related interruptions in December are to be tolerated as industry standard.
--> Malice of the contractor: look at it another way: he earns the most if a construction site runs smoothly and cleanly from A to Z and the house survives the warranty period with as few defects as possible. That is his goal. Everything else creates a lot of work and costs time, money, nerves. Exactly this will his lawyer convincingly present to the court and thus foil any argumentation on your part.
All this together has led to this deadlocked situation at the end of which there is only one laughing winner: the involved lawyers. They laugh quietly to themselves and go in the evening together with the judge to a fine dining restaurant and order red wine for 50€ a bottle and toast together to your legal dispute.
I keep my fingers crossed that you somehow get through it and maybe have also prompted other perspectives.