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

  • Erstellt am 2025-02-08 18:47:33

nordanney

2025-02-10 15:53:42
  • #1

I would first be interested to know whether it is a developer contract (including the broker and developer regulation = you buy land and house as a package from the developer) or a consumer construction contract (you have a company build a house on land that you own). For both contracts, it is basically regulated by law that the developer or the construction company owes you compensation for damages from the contractually agreed date. This claim cannot be dismissed. At most, if there are delays for which the developer or the company is not responsible, one can discuss a postponement of the fixed deadline. However, you would have to be notified that, for whatever reasons, a postponement is occurring.

According to what has been outlined, it is not "anything," but only the legally entitled compensation for damages.

Consumer construction contract:
Building Code 650k para. 3 as a basis for the completion date
==> if a fixed date is stated there, not even a reminder is necessary, as the construction company is automatically in default
Building Code 280 in conjunction with 286 regulates the claim for compensation in this case (no reminder is necessary)

For those interested in reading...
Explicit explanation of the Scientific Service of the German Bundestag within the framework of the 650s.

 

nordanney

2025-02-10 15:54:43
  • #2
But: 1. Talk to each other 2. Legal assistance never hurts 3. Submit a claim 4. Reach an agreement and be happy
 

ypg

2025-02-10 18:22:41
  • #3

But only according to the plans and the building description. The clause refers to specific plans.


And then came the
 

NatureSys

2025-02-10 22:34:44
  • #4


The client here is the developer. The moving planning is not their responsibility.
 

ypg

2025-02-10 23:29:13
  • #5
No, that was corrected. There is no developer.
 

NatureSys

2025-02-11 07:03:04
  • #6


It doesn't make communication with the company any easier either if one is not clear about these fundamental terms.
 

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