Construction contract - Uncertainty regarding payment schedule

  • Erstellt am 2018-01-28 14:25:16

Alex85

2018-01-28 20:10:16
  • #1
To initiate a building permit or exemption procedure, one does not need to be the owner or even the proprietor of a property, let alone have paid for it. Or is that exclusive to NRW? So as soon as the surveyor feels capable of producing the site plans, the approval planning can actually move forward.
 

HilfeHilfe

2018-01-29 07:06:49
  • #2
fair plan, I wouldn’t have any concerns. I would still have your construction service description checked. Possibly there might be one or two inquiries or change requests (if that’s still possible)

It cost us 300 euros net
 

fortuneflake

2018-01-29 11:04:17
  • #3
Correct, the owner does not matter. But the plot must first be developed, and that is only the case once the road is finished.

:
Where did you have the construction service description reviewed? Ours is actually quite precise, brands, thicknesses, etc. are exactly specified, and we have already easily had the clause "equivalent" removed.

I am considering the construction contract, to what extent a review makes sense. It doesn't help me if I alienate the BU or if they only want to build according to their contract. Ultimately, it will probably have to be accepted. And the installment plan apparently fits, that is actually the most important thing, right?
 

Bieber0815

2018-01-29 13:50:30
  • #4
What does finished mean? To be considered developed, there just needs to be a connection. That can also be a gravel road.

For me, dates would still be important, especially the guaranteed completion, ideally with a regulation on what happens if ... (alternatively: duration of construction from the issuance of the permit). Furthermore, it would be interesting whether the Building Code or VOB applies.

Since there was a recent change in the law, my notes could partly be outdated .
 

fortuneflake

2018-01-29 15:13:50
  • #5
So the road has been laid out and basically still needs to be paved and the sidewalks cobbled. Then there is an inspection for the new residential area and with the then completed development, the land price is due.

Here is the clause regarding the construction period:

The construction period is 34 weeks from the start of construction.
(2) The construction period is the time between the start of construction and the completion of the contracted service. The construction period agreed upon in clause 1 assumes that the building application can be submitted to the authorities within two months after acceptance of the order and that the building permit or approval is handed over by the client to the contractor no later than three months thereafter. If the sum of the aforementioned periods (5 months) is exceeded for reasons not attributable to the contractor, the construction period shall be extended accordingly.
(3) The decisive start of construction for the construction period takes place one month after fulfillment of the client's cooperation obligations according to § 4 of this contract, provided that the start of construction does not fall into a customary local winter break. A winter break and bad weather days extend the construction period accordingly. Furthermore, the completion deadline is extended if a delay occurs for reasons not attributable to the contractor. These include, in particular, force majeure, official measures, strike, or lack of deliveries of necessary materials to the contractor or his subcontractors. If invoices are not paid when due, the construction period is also extended. The anticipated start of construction will be communicated to the client by the contractor in due time.
 

bau.mal

2018-01-30 10:04:04
  • #6
This payment plan is neither fair nor does it comply with the mandatory contents of the consumer construction contract (valid from 01.01.18). Apparently, a provider did not do their homework.
 

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