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

  • Erstellt am 2022-05-17 17:24:16

Benutzer200

2022-05-17 19:19:37
  • #1
What exactly does the contract say about the increase in construction costs and a possible withdrawal? Specifically, the exact wording? Have you concluded a proper consumer construction contract including the correct cancellation policy? You should immediately seek legal advice. You could also refer to §313 of the Construction Code "Disruption of the Basis of the Contract" (which by the way does not only apply to tenants or contractors) and terminate. Or or or.

But of course, a personal conversation is necessary first. And you need to be clear about whether you still want and/or can build at all.

P.S. Canceling the financing should not be too expensive at the moment.
 

WilderSueden

2022-05-17 20:15:00
  • #2
How far along are you exactly? Do you already have a building permit?
What exactly does the contract say about the price guarantee? Basically, the company cannot pass on its own delays at your expense. So if, for example, architect, surveying, etc. are included, then delays there are a problem of your builder. However, the slow development is your problem, because the builder is liable for the buildability. But to assess that more precisely, you need a lawyer who is familiar with this.

The flat 10% contractual penalty is unlikely to hold up in court, but of course you have to pay for already performed services (surveying, architect, ...).

PS: I know the situation with the development; with us, it was also half a year delayed. Fortunately, I had a general contractor who did not try to take advantage of that.
 

11ant

2022-05-17 20:38:37
  • #3
So actually, reasonably, not to sign a construction contract yet :-(
 

driver55

2022-05-17 20:47:21
  • #4

Sometimes I really wonder on what grounds a contract is even concluded.
If I don't have anything from you yet, nothing can be planned and therefore nothing signed. But, the train has left the station here…
..and yet we still don't know which services have already been rendered…
Please break down the current status.
 

WilderSueden

2022-05-17 21:21:58
  • #5
Why? Partially, the plots are sold according to the plan as "not yet surveyed." We took a bit more risk and signed based on the mayor’s written commitment for the reservation. The plot was known and could be estimated on the meadow, the development plan was also known. You can plan a house well with that. Only with the slope did we slightly miscalculate ;) Even though it was a risky option... looking back, I’m glad I did it that way. The price increases in the meantime would not have been fun.
 

HilfeHilfe

2022-05-18 05:31:57
  • #6
I wouldn’t accuse the BU of anything now. You have experienced the price increase everywhere.

Why didn’t you speak with the boss beforehand? Now you are in a worse position and under pressure.
 

Similar topics
18.02.2011Architect totally messed up - experiences?17
22.09.2012Who else fell for a contract with a reservation clause? - Search13
10.04.2015Cost estimate architect single-family house. Your assessment44
11.09.2015Building a garage on the boundary is not possible according to the architect.11
10.11.2017House plan by architect 2 floors with basement18
09.12.2017Renovation with architect: Suggestions for house floor plan desired21
10.10.2019Single-family house by architect 150m² improvement suggestions and ideas wanted75
31.03.2020Massive house provider or architect in Corona times19
05.08.2020Contract for land purchase - obligation to build within 2.5 years18
03.09.2020Modern single-family house with architect in southern Germany25
10.11.2020The architect is wrong with the estimates. And now?29
07.02.2021Single-family house, two floor plan variants from the architect39
18.02.2022Floor plan offer from the architect - your opinion11
30.03.2022Terminate the contract with the general contractor "early"22
27.05.2022Architect - Flat-rate offer instead of HOAI for single-family house12
11.03.2024Is the architect's cost estimate realistic?10
30.08.2024Renovation or demolition and new construction - decision support from the architect?25
14.09.2024New construction cost calculation, suitable for architect?30

Oben