Construction company rejects change requests in construction service description and construction contract

Hello everyone,

we have now had the construction service specification and construction contract reviewed (we are members of the Bauherren-Schutzbund) and have sent them to the company. They seem surprised and now first want to get to know the construction supervisor to see how he "builds" or what requirements he generally has. So that later there won’t be disputes over every "little thing" on the construction site. Regarding the contract, he said that they had the contract drawn up by their own lawyer and are not really willing to change anything there. He said they have been using the construction service specification and construction contract for 20 years and have never had any problems. Hmm... I found some points in the contract borderline after the lawyer pointed them out to me.

What are your experiences? Did you have lengthy discussions or did they accept most changes?

I mean, there is nothing disadvantageous for the company in the construction service specification. Logically, in the contract it’s the payment schedule, but since that doesn’t seem to be really regulated anywhere by law, they don’t have to accept it. Then it’s up to me whether I like that or not. The other things really wouldn’t be disadvantageous for the company. The construction service specification mostly deals with detailed descriptions of the technology (brand, size, etc.). I don’t understand the problem there. The statement was that they work with various manufacturers and don’t yet know which manufacturer will later have the better offer. Of course, if I intended to install something from Uzbekistan, I wouldn’t name that either... :/ Dirt, we have already wasted quite a bit of time because a lot of time has gone by due to vacations, illnesses, or other things. I just don’t want us to have to start all over again and look for a company...

I could imagine him saying: "Oh Mr..., we don’t want to build with you at all if there are already such discussions and problems right from the start."

Especially since I would then have to pay the construction supervisor unnecessarily for his effort. If the company works according to regulations, it really shouldn’t be a problem. The construction company said that the DIN standard can be interpreted differently by everyone... Hmmm. I’m a layman, but if the DIN standard, for example, specifies that the screed must be 10 cm high, then that is clear. If the DIN says the screed must be between 10 cm and 20 cm, then that is also clear...

I could really lose it right now and construction hasn’t even started yet...

He said they have been using the construction service description and construction contract for 20 years and there have never been any problems.

One, actually the, standard response in the construction industry is: We've always done it that way! In this specific case, it might even be true; on their side there were never any problems ;-).

What are your experiences? Did you have huge discussions or did they accept most changes?

In my humble experience, there is little room for changes. And if I want essential features or many individual ones changed, it is probably better to look for another company.

I could imagine him saying: "Oh sir..., we don't even want to build with you if there are already such discussions and problems beforehand."

But that is very risky thinking! Fear is a bad advisor. Please remember, you have what they want: the ashes.

Better ask yourself if you want to build with them when they are already playing games from the start, and remain the master of your process. And switch off the fear. Right now :)

The money for the construction supervisor is by no means wasted. You've already learned something for your money. And have been enabled to approach the questions more differentiated.

Courage! The loudest roarer is not the one who is right.

Gabriele

That seems typical of the Bauherren-Schutzbund. One gets the feeling that the gentlemen want to have every screw specified as well. You can certainly have many things included in the construction service description, but that will be reflected in the price.

Contract comes from "vertragen," or how was that? 5€ for the phrase pig.

One has to consider what comes out when a lawyer examines a contractual document on behalf of a client.
They will comment just as the lawyer of the construction company did – purely for the benefit of their client. That a pamphlet that is sustainable for both sides does not always result is in the nature of things. The rest is a matter of negotiation.

It is exhausting when someone presents a paper with very one-sided rules and explains that they do not want to budge on it anymore. That creates no joy(friends).

Logically, the payment schedule is part of the construction contract, but since this is not really regulated by law anywhere, it does not have to be accepted

This is indeed regulated by law, see Building Code § 632a.