Construction delay by the developer - Who bears the rental costs?

  • Erstellt am 2025-02-08 18:47:33

wiltshire

2025-02-09 11:28:22
  • #1

What you call a "fact" may be legally correct and is not disputed by me. For an assessment of whether a claim exists or not, the complete information is simply lacking.
The proposal for the letter from is formulated in such a way that I get the impression that there is no experience in business communication or project management. I can address that.
 

Anniiii

2025-02-09 12:02:36
  • #2
We actually have no idea about contracts in this area and how the basics of business communication look.

So, all in all, it doesn't seem unlikely to me that we may demand something from him. Is he then obliged to provide proof? We were never informed about delays with specific time indications, neither for "extra requests" nor for "bad weather" and also not when craftsmen were sick, errors were corrected, etc.

He is the contractor and we are the clients according to my understanding. At least we had to take out builder's liability insurance and every brick built immediately becomes our property.

To me, this means that we list our previous additional costs and formally demand payment. The question that arises for me is whether we should bring a lawyer on board right away to avoid formal errors or draft a self-written letter.

Thanks in the meantime to everyone who has put thought into it and responded so thoroughly so far!
 

nordanney

2025-02-10 13:16:04
  • #3
Sure. He also guaranteed a handover/completion date in writing. In this respect, I would write to him now that the deadline has been exceeded and that you are incurring costs for accommodation and standby interest. Good idea. At least for an initial consultation.
 

Musketier

2025-02-10 13:37:20
  • #4
The quoted passage from the contract for work is only to establish the delay.

Back then, it also stated what compensation claim we have per day/month.
Maybe read it again carefully.
 

Anniiii

2025-02-10 14:02:46
  • #5


Regarding this, nothing is stated with us. We still have the point that we pay according to the construction progress in a maximum of x installments and which exactly. 5% is withheld for timely and defect-free completion.
 

wiltshire

2025-02-10 15:28:01
  • #6
No. You have a date stipulated in the contract, and of course, you can demand that it be adhered to and also that you are compensated for the financial disadvantages that result from it. At first, you can demand anything. You must reckon with resistance to your demand, and it is good to know what this resistance might consist of and what options your service provider has based on the concluded contract. From the comparison of your demand and the expected arguments in case of unwillingness to pay, you can develop a strategy, and that decides how you proceed. The strategy can also be called "lawyer." I like that you rate your experience in such matters as low. That shows that you are not blindly unaware of weaknesses. From your way of speaking, you also give me the sympathetic impression of being a very kind person who prefers to avoid discord. I hardly ever recommend a lawyer, but here I’ll make an exception. My strategy would be to ask the lawyer for advice and help in formulating the demand and to deliver the first letter with the lawyer's wording on your own letterhead securely. If resistance then arises, I would hand over further communication to the lawyer.
 

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