I currently think it’s not even the construction service description, because it basically and mainly only involves the naming of brands, size specifications, etc., and some things that still need to be added or are unclear. Nothing disadvantageous for the contractor.
As already mentioned, this cannot be said so generally. If some things are specified, it takes away the contractor’s flexibility, and that is disadvantageous for him. Which size specifications are missing then?
...but it must also be understood when I want to protect myself or just have some things described in more detail. If a heating system is installed for me, that’s nice, but which one? Power? Brand? Wouldn't it actually be no problem to just name that?
I do believe the contractor understands that you want to protect yourself. Why don’t you offer to pay him €5,000 more for this protection? Since when is additional protection free? Keyword: insurance.
As already mentioned, some things still need to be calculated before a statement about the performance can be made, especially if you are standing between the medium and the large performance variant at a heating manufacturer (or due to that, a product of another manufacturer would fit much better).
It should therefore be stated whether it is a gas boiler, an air heat pump, or something else. From my point of view, the exact performance does not have to be specified. There will be a heat load calculation, and from that it will become clear what needs to be installed. But the contractor can’t just install half the capacity and say that’s fine.
If I want an entrance canopy, that’s nice too. But just saying an entrance canopy will be built is quite unspecific. Is it now 2 chairs over the door, a simple board from the hardware store, or a canopy in a hip roof shape, with black engobed roof tiles of brand x and the roof supported by 2 round columns of diameter x? That’s something else. That’s essentially what it’s about regarding the construction service description.
I can understand hip roof shape and brand of tiles, but diameter of the columns, not really.
If I now come with a contractual penalty of xxxx euros, then I understand the contractor’s concerns. Or with a bank guarantee.
Precisely there I would not understand the concerns. The contractor is responsible for the timely construction progress. For delays due to changes and the client’s own work as well as bad weather, there are corresponding extensions. Accordingly, the contractor can accept hefty contractual penalties if he is granted a reasonable construction period. (For us, for example, 7.5 months construction time, so rather long. We have negotiated the contractual penalty significantly upwards and it is now around €3400/month.)
The bank guarantee should normally also not be a problem. The only question is who bears the cost for it. If you are willing to pay for it, the contractor should have no problem with it.
But when, for example, the building permit must be handed over to us or the completion date or construction schedule etc. is not such that the contractor is disadvantaged now.
For us, there is no completion date but only a construction start and a construction period from which a completion date can be derived. We received a construction schedule last week when the shell was half finished. It’s not bad for orientation but can change for numerous reasons anyway. Moreover, the construction period is decisive, not what the construction schedule says.
Overall, from my point of view, you are going one step too far in several places with your demands, which was also to be expected after legal consultation. With this attitude, you will also have problems with other companies. Maybe someone here in the forum knows companies where you have a chance of success in contract modifications.