But it is clear. We have paid and the retention was agreed upon and recorded in the meeting minutes. The retention amounted to €7,490. According to the new regulation in the Building Code for construction contracts from 1.1.2018, it would be €24,000 that we would be allowed to withhold, since the contractor did not provide us with a security bond.
[B]§ 650m Baugesetzbuch, Abschlagszahlungen; Absicherung des Vergütungsanspruchs
Paragraph Bürgerliches Gesetzbuch[/B]
(2) The consumer must provide security at the time of the first partial payment for the timely completion of the work without significant defects in the amount of 5 percent of the agreed total remuneration. If the remuneration claim increases by more than 10 percent as a result of an order by the consumer according to §§ 650b and 650c or due to other changes or additions to the contract, the consumer must provide further security in the amount of 5 percent of the additional remuneration claim at the next partial payment. At the entrepreneur’s request, the security is to be provided by withholding partial payments in such a way that the consumer retains the partial payments up to the total amount of the owed security.
You can believe me that I am not writing anything here that I cannot prove. And if everyone “keeps their feet still” all the time, there is no need to be surprised that nothing happens and that there are construction sites like ours.