Construction company price increase of 25% – Expired fixed price guarantee

what would be the alternative? A general contractor who charges roughly +- 25% more for a comparable standard house?

That has to be decided by the original poster. The statement was that a 25% surcharge would no longer be bearable. In addition, he has the problem that he is still far from the building permit and therefore would have little security even with a new commitment at X%. Since the alternatives currently also look rather bad, this would probably result in a termination. However, the quoted part was mainly about the question of the 10% contractual penalty which should be significantly mitigated by §313.

Doesn't a consumer contract (one of my former lecturers at university once said that the consumer is treated by law like a "stupid piece of wood") have to explicitly state which price increase applies after the fixed price period expires?

For example, ours states that we must meet the builder-side delivery requirements within 10 months (building application, developed plot of land, etc.). Unfortunately, we did not manage to do so, so since the 11th month after signing the contract, the house has become 0.4% more expensive of the order value. However, this was clearly communicated in the contract from the beginning. Not nice, but still bearable and far from the 25% discussed here.

If you read it like that (quite often), you have to wonder when you are supposed to sign at all. As late as possible, yes sure. But that only works in theory!

It works rather poorly, because this "theory" would already be the wrong conclusion. It must be correctly said: "as late as necessary." You have to "apply pressure" during the "homework phase," that is, when the conditions for the signature are being created - not when signing itself.

Besides, he has the problem that he is still far from the building permit and therefore would hardly have any security even with a new approval at X%.

Maybe I overlooked it, but how far away is the building permit still, in the worst case?

Maybe I overlooked it, but how far away is the building permit at worst?

Worst case is not mentioned, but the best case doesn’t sound very promising either.

We assume that the building permit will arrive at the earliest in Sep/Oct 2022

So we’re basically talking about half a year until approval. My guess is that the application hasn’t even been submitted yet, in which case it could take even longer.