Construction delay -> Compensation?

Hello again,

following situation: The construction company informs us that there will likely be a delay of two months (ready for occupancy beginning of February instead of planned end of November) and also admits that it is their fault (overall started too late). They want to compensate us for the two months by covering our continued apartment rent as well as the now incurred availability interest. Restriction: If we carry out any work on the house ourselves during the delay period (i.e. December/January) (e.g. painting preparatory work while the screed is drying or similar, or laying vinyl after screed drying), then they will pay us compensation for four weeks less. The company refers to this as their form of protection in case we "damage" something through our own work or similar, and argues that the house is more or less their property until full completion.

Question: Is this common practice? Legally anchored? So far it has remained with verbal statements regarding the above regulations, we have requested a written document and are still waiting for it, apparently the boss is on vacation... [To get ahead of it: No penalty clause was agreed upon.]

that they are so accommodating to you - although no construction period was agreed upon - is already great. The reason why they want to cut off 1 month again from you is of course nonsense. if the delay was only admitted verbally, it will be difficult to enforce that legally. furthermore, a reasonable cooperation is clearly to be aimed for. what do you want to do there during that time?!

Hi,

first question: Developer or general contractor?

that the house is more or less their property until it is completely finished.

With a developer that's true, with a general contractor that's complete nonsense. Then it is and remains your property. There even seem to be lawyers who include all materials and equipment stored on your property. But that is not the issue here.

If no contractual penalty was agreed, you can be glad that they offer you anything at all...

Best regards,

Andreas

Hi, first question: developer or general contractor?

General contractor!

If no penalty clause was agreed upon, you can be glad that they even offer you something...

We are too Thank you for the answer!

Hello,

following situation: The construction company informs that there will likely be a delay of two months (ready for occupancy beginning of February instead of planned end of November) and also admits that it is their fault (started too late overall). They want to compensate us for the two months by covering our ongoing apartment rent as well as the now incurred availability interest.

I am glad that what I keep saying is confirmed: there are far more reputable providers than the internet wants inexperienced laypeople to believe!

Restriction: If during the delay period (i.e. December/January) we do any work on the house ourselves (e.g. painter preliminary work while the screed dries or similar, or laying vinyl after screed drying), then they pay us four weeks less compensation. The company justifies this as a kind of protection in case we "damage" something through our own work or the like, and argues that the house is more or less their property until full completion.

Question: Is this common practice? Legally anchored? So far there have only been verbal statements about the above regulations, we have requested a written document and are still waiting for it, the boss is apparently on vacation... [To get ahead of it: No, a contractual penalty was not agreed upon.]

If you bought from a property developer (BT): unconditionally yes. If, on the other hand, you bought as usual via a general contractor – land and house construction do not come from one source and you pay according to construction progress – then the employee expressed himself awkwardly. In this case, of course, the provider would not own the land including construction status, but he certainly exercises house rights; anything else would surprise me.

For me it is also understandable that he protects himself – there is nothing I haven’t already experienced on construction sites during this phase, in my opinion. By the way, it would be an unwise decision on your part to start painter work during the screed drying phase. Better use the time and set up one or two construction dryers – depending on the size of the single-family home – inside the building. Then painting will also be easier afterwards

And rejoice that you have commissioned a reputable construction partner for your house build!

Rhineland greetings

It even seems that there are lawyers who include all materials and equipment stored on your property.

This is not due to lenient lawyers, but because the legislator has stipulated it that way - however, only for (still unpaid/not fully paid) objects that are permanently connected to the building structure ... before unrealistic demands are raised here. Rhineland regards