Construction contract: Duration of construction

No, basically for construction projects.

You also mean airports are usually finished after 7 months? Well, that’s where the trouble with the unclear wording begins already :P.

So, fixed date or "XX months from start of construction" (what is start of construction? Staking out? Could be specified even more ...). It’s best to also include a contractual penalty right away, XX euros/day delay. And of course, bad weather only applies if a) named as such by the German Weather Service and if b) reported by the contractor. That is fair to both sides and you know where you stand.

Example:

If the services cannot be performed within these deadlines for reasons beyond the responsibility of the general contractor/architect/site manager, the general contractor/architect/site manager is not liable. This includes construction delays due to strikes, force majeure, lockouts ordered by the employers’ professional association in the company of the general contractor/architect/site manager or in a company directly or indirectly working for them, execution of special requests, bad weather days confirmed by the German Weather Service (DWD).

Good evening,

Now we have been sent the actual construction contract,

Sent ...?

What bothers me is the wording is 1. "as a rule". That means to me: for comparable construction projects of the company, but it does not explicitly refer to our construction. It is too vague for me. 2.

7 to 8 months is stated because one house is 140 sqm, the next 200 sqm; one is built on a slab, the next with a usable basement.

Where is the problem?

"Planned start of construction is November/December 2016". That does not mean to me: it is planned but not fixed, in case of doubt we are out of luck and it will be delayed because something interfered with the plan.

What good is a guaranteed start of construction in December if it is minus 6°? Petrus (God) is quite willful; craftsmen also like to spend Christmas with their families ;)

How do you see it, am I too critical or am I right? What is usual?

I see it like this, that you believe you can assess processes with which you usually have nothing to do; prematurely assuming lies and deceit. Whatever "office" means as a profession – how would you feel if I interfered in your job?

Btw. – "office" is not a profession. Please adjust your profile in accordance with the forum rules.

For us, 7 months of construction time were directly stipulated. Weather-related delays had to be proven. For everything beyond that, a penalty was automatically stipulated.

For your construction project, 5 months would have been enough; so your provider signed knowing there was sufficient "leeway".

Rhenish regards

I also think: Since this is a matter that can potentially become very expensive (default interest), I find the freedom of this wording quite large. ....

Default interest only accrues on late monetary payments.
What is probably meant here are damages that can arise from delay, possibly also the costs of legal enforcement.

It is up to you to limit this freedom by issuing a reminder after the due date, i.e., for the first time after about 7 months, with a (possibly very short) deadline, if completion is still not apparent.

Of course, a strict deadline by calendar (finished by "24.12" or "7 months after...") is easier to define. However, it is not legally necessary to achieve the same result in the end. And in both cases – strict deadline or flexible deadline – the following applies: no delay without fault (§ 286 para. 4 Building Code). However, this fault is legally (rebuttably) presumed, so the debtor must prove that they are not at fault. Bad weather is already documented sufficiently carefully; that always works. :-)

I usually find that annoying. It's really nothing concrete and one could also say: "my cat had diarrhea for 2 months I had to support her". and then?

Better to choose a date where both are happy, otherwise they will keep building until 2021

Good evening,
For your construction project, 5 months would have been enough; so your provider signed knowing there was sufficient "leeway".

... and still needed over 9.5 months.
Therefore, I was glad that we had the delay directly stated in the contract and I did not first need legal advice on the delay or a lawyer’s letter.

7 to 8 months is stated because one house is 140 sqm, the next 200 sqm; one is built on a slab, the next with a usable basement.

Where is the problem?

When is the builder then in default? After 7 months? After 8 months? Or can the builder take 10-11 months for a 200 sqm house because the average house he builds (expression = "as a rule") is only 140 sqm.