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

2016-11-22 11:52:39

Am I actually the only one who doesn't understand the opening thread from sauerpeter? ...except of course the headline, which explains everything and the first paragraph; everything else reads mixed up and somehow as if you, sauerpeter, have to persuade the BU to build under his conditions ;)
Greetings

Now I understand what you mean :D
No, seen from the aspect of some changes in the construction service description or construction contract, which are not significant for the BU now.

2016-11-22 12:05:13

Have you ever considered building with an architect and individual contracting?

I can understand that the construction service description is too vague for you, but I believe that there are limits to this when building with a general contractor. If you find that the degree of "freedom" and participation when building with a general contractor does not suit you, talk to an architect.

2016-11-22 12:17:10

@ Yvonne: It’s not about pushing through all my demands. Sometimes it’s just about phrasing or deleting words, because for example "essentially free of defects" could become a problem if push comes to shove. What does that mean, essentially? You see, it’s not about pushing through all demands. It was already mentioned above, contract comes from agreement, that’s what the BU meant on the phone. That’s correct and in my interest, but it must also be understood if I want to protect myself or simply want some things described in more detail. If a heating system is installed for me, that’s nice, but which one? Performance? Brand? That shouldn’t actually be a problem to simply name, right? If I want an entrance canopy, that’s nice too. But just saying there will be an entrance canopy built is quite unspecific. Are these now two chairs above the door, a simple board from the DIY store, or a canopy in pitched roof form, with black engobed roof tiles of brand x and the roof is supported by 2 round columns diameter x? That’s something else. That’s basically the point regarding the construction service description. I actually understand that many BUs don’t deviate from their contracts. But a concession regarding careless phrasing would be possible. If I now come with a contractual penalty of xxxx euros, then I understand the BU’s concerns. Or with a bank guarantee. But when for example the building application is to be handed over to us or the building completion date or the construction schedule etc., these are not things where the BU is disadvantaged now.

I now understand which things you mean – then the construction service description will be held very superficially if not even the canopy is defined. Most likely everything will be carried out to the best satisfaction anyway, but if you enter this contract, you want to sign with certainty. I also never understood why the word brand product is always used when almost the same brand has been installed for years. In conversation you can certainly agree whether it is a Wolff or Junkers heating system in half a year on this project?!

2016-11-22 12:46:23

In conversation, one can surely clarify whether the heating system in half a year for this project will be a Wolff or Junkers?!

No, rarely. This would require having, among other things, the heat load calculation available before signing the contract _and_ knowing which heating installer can provide the necessary capacities in month "x." But the advisor from the Bauherren-Schutzbund also knows that.... I avoid this discussion by giving the customer an additional agreement in which I list all German brand suppliers of, for example, boilers. Customer satisfied and my contractors still have the flexibility they need. Rhenish greetings from the road

2016-11-22 15:49:32

Once again: I would not build with a contractor whose services are not clearly listed without any doubt.

He said you can make handshake agreements with him

I can only say one thing about that: We discussed on site with the architect the construction company forced upon us, whose abilities I would assess as limited, how we wanted the position of our house. When there were difficulties because he had not implemented it, we noticed it too late, and it led to a construction delay, the manager of "our" construction company said it was a case of one statement against another. Forget about handshake agreements. What you don’t have in black and white will cause problems for you in a dispute.

2016-11-22 19:47:09

Every product was specified by us. Uncertainties were clarified as an attachment to the contract. Thus, neither the construction performance description nor the actual contract had to be changed. Even though I live in the middle of Berlin with a huge property developer, they were super flexible and accommodated everything. They didn't even mention that there were other interested parties, etc. However, the developer is also not exactly at the lower end of the price scale.

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

sauerpeter

Alex85

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Bauexperte

alter0029

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