Construction contract: Duration of construction

  • Erstellt am 2016-08-01 17:16:52

Otus11

2016-08-02 07:19:46
  • #1


The answer is in #15:

"It is up to you to end this freedom by means of a reminder after the due date, i.e. for the first time after about 7 months, by setting a (possibly very short) deadline, if no completion is visible by then."

You just have to cause the default yourself and set a deadline for it with proof. Nothing speaks against a strict deadline already in the contract, on the contrary. But even here there is the loophole of non-fault, see above.
 

AndreasPlü

2016-08-02 07:22:49
  • #2
Just @ Musketeer/@ Help/Help. As I said: The contractor is, like many good ones currently, heavily booked.

@ Construction Expert: Of course, you can't calculate the weather. I have absolutely no problem with that either. For example, if one were to say: "The construction period is 9 months due to winter time (Note: not 'as a rule'), weather-related delays may occur. Construction start (not 'planned') is November 15, provided the work planning is completed by then and the building permit is obtained." Etc. Incidentally, it may also be due to the construction company that laid this contract in front of us and, upon inquiry, responded, "Normally no one has a problem with that" instead of explaining it in more detail – even a layperson has the right to an explanation for such a project and not "it's fine, sign it".
 

toxicmolotof

2016-08-02 07:52:36
  • #3
Your text suggestion is just as vague as that of the construction contractor. Too many ifs and buts... you might as well take the original suggestion.
 

AndreasPlü

2016-08-02 08:00:07
  • #4
I don't think so. I was especially bothered by "Baubeginn ist geplant" and "Baudauer in der Regel". Basically, I was looking for an assessment of whether you can sign something like that in good conscience or if it should be amended, since it opens the door wide for a never-ending construction story.
 

Payday

2016-08-02 08:27:56
  • #5
a very clear problem with the completion date at signature is that some things lie within the client’s responsibility and not with the construction company. nevertheless, the construction company is supposed to stand by it. especially the paperwork at the beginning can take time if the clients/customers don’t get moving. if there is no final floor plan yet, it can take a long time. preparing the documents for the authorities usually happens quickly at the companies, after all, that means the first money and it is done quickly. there are basically 2 ways to reasonably limit the matter for a construction company:

- latest start x weeks after approval of the building application/notification
- handover of contract-compliant house x months after completion of the foundation slab

then the usual phrases, such as the construction company is not responsible if the clients neglect their own work (e.g. electrical work) and this causes delays

and of course the contractual penalty, which really covers all reasonable costs. €1500/month from the first day after exceeding the construction period would usually be okay

the simpler and clearer such things come to you, the more likely the house will be finished ^^ if they strictly refuse, the house will definitely not be finished within the agreed time.
 

RobsonMKK

2016-08-02 08:37:49
  • #6


But how do you want to set that firmly?
As already mentioned, your set-in-stone construction start can crumble in seconds. Something just has to come up officially or else the weather gods open the floodgates the night before, causing the craftsmen to consider building an ark instead of a house ;)

In our contract, we have a list of things that must be completed on the construction-side, and 30 days after all of that is done, we start. I’m not too stressed about it either. After all, the general contractor will have enough time to prepare with us, just like with you.
And no one can influence force majeure.
 

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