Construction contract - turnkey and reasonable to move in?

  • Erstellt am 2012-06-09 10:50:12

Schotte2000

2012-06-09 10:50:12
  • #1
Hi,

in our construction contract (not yet signed, ETW) the following text appears: The purchase price is a fixed price. It includes the costs for land and soil, as well as the costs for the turnkey construction of the purchase object according to the construction description...
In another passage it says: The purchase object is considered ready for occupancy when the construction project is essentially completed, moving in is reasonable, and safe access is ensured. Remaining work on the building, as well as the completion of the outdoor facilities, may be carried out afterwards.

According to general legal opinion, the word "turnkey" means that the seller only has to unlock the house/apartment and can set up his furniture.

Can we leave both clauses in the contract, or should we urge the seller to remove the clause with the discretion?

Regards and thanks
Schotte
 

wadi1982

2012-06-09 11:12:13
  • #2
The following is my understanding and not legal advice. In case of doubt, I would have the contract checked by a lawyer: "turnkey construction of the purchase object according to the [Baubeschreibung]" I interpret this to mean that what is stated in the [Baubeschreibung] is especially important. For example, if it says that painting and wallpapering work can be done for an additional charge, it could be that the fixed price is not so fixed.
 

Britta78

2012-06-09 14:56:47
  • #3
... not that I am now the expert, but I would not sign such a contract.

Turnkey can also mean the door is installed, but you do the rest yourselves, so perhaps the exterior plaster is not included, or something similar. You should pay close attention to what is definitely included in the construction services of your construction company. For example, with us it says: "The client carries out the exterior landscaping, painting work and floor coverings including materials on their own account." For our contract, we received a construction and service description that contains every single component, such as house connection / site management / foundation slab / ground and upper floors / roofers etc. etc. ...

So I would not let anyone else decide when it would be reasonable for me to move into a house ... some are satisfied with running water ... others are not ...
 

Schotte2000

2012-06-10 08:02:00
  • #4
Thank you very much for your reply. So, of course there is a detailed construction description. I didn’t include this. Sorry. In this case, we are only concerned with the two clauses: turnkey and then the one with the reasonableness rule.

Best regards
Carsten
 

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