Construction delay -> Compensation?

Hi,

GU!

We are too

Thanks for the answer!

Then it is your house and you can do whatever you want there at any time.
Since the construction company is not obliged to pay you anything, they can of course use your own work as justification. It’s nonsense, but legally they don’t have to pay anything anyway.

Typical compensation amounts are probably between €100 / day up to 1/1000 of the construction sum, so up to €300-400 / day.
The former if it is only to compensate your additional costs, the latter if it is a real contractual penalty.

I think you should follow Payday’s advice and somehow maintain a reasonable cooperation. If you can do nothing in the house for two months without losing the compensation payment, the construction time will be extended even more. Another solution should be found.

Best regards,

Andreas

Then it is your house and you can do whatever you want there at any time.

Please don't write that _before_ you know who holds the house rights! If it lies with the general contractor, the original poster is in the worst case the last, if she follows your advice!

Usual compensation amounts are probably between €100/day up to 1/1000 of the construction sum, so up to €300-400/day.

That is also not correct. Usual in the industry is €50.00/workday; capped at a maximum of 5% of the construction sum. Rhenish regards

the fact that they are accommodating you so easily - even though no construction period was agreed upon - is already great. the justification why they want to cut you off for 1 month again 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?!

Stop - a construction period was agreed upon! The completion date according to the contract was supposed to be November 22nd. Since the end of September, we have known that it will not be met, as we only then (yes, only then) received a construction schedule, which indicates around the 4th calendar week of 2017 as the completion date. It was just not contractually agreed what exactly happens in case of non-compliance.

Regarding the painting work during the drying phase: Our painter said he would like to prepare and plaster the ceilings during this time, and it would be easier for him if no tiles are laid yet, because then he wouldn't have to tape anything on the floor, etc.

Regarding house rights: We have a clause in the contract that we may enter the property/house at any time without prior notice... I'm not sure right now if you mean that with the word "house rights" or something else?

Again: Thanks for your many and quick responses! As mentioned, we are also happy that the company is offering something on their own initiative (we are still very satisfied with the work and would build with them again anytime) - we are just considering which approach makes more sense: taking full compensation and "doing nothing," or less compensation and "doing something."

Hi construction expert,

Please don’t write that before you know who holds the house rules! If it’s the general contractor, the original poster is worst case last, if they follow your advice!

That is also not true. Common in the industry is €50.00/workday; capped at max. 5% of the construction sum.

Rhenish greetings

Our contract explicitly states that I may enter the construction site at any time. Who on earth lets themselves be locked out of their own property?

I have no authority to give instructions to the tradespeople and could only possibly eject them with greater effort.
But the opposite, the contractor denying the client access, would be quite an absurd construct.
However, that’s not what the original poster is concerned about, but only that he can work undisturbed.

And €50 / working day would be €1000 or €1200 per month. That is not a contractual penalty, not even compensation for rent/hotel costs!
That would rather be a bad joke!
It could even be financially attractive for the general contractor to leave a site idle and rather work on others.
The 1/1000 per day are supposed to be a contractual penalty and apply some pressure. That quickly adds up to €9,000–12,000 per month and starts to hurt.

Our contract stipulates €100 per calendar day and has no cap. That’s still way below 1/1000 but would roughly compensate us for additional costs.

In my professional projects, 1-2/1000 per day is completely usual and actually rather the lower limit.

Best regards,

Andreas

Stop - a construction period was agreed upon! According to the contract, the completion date was supposed to be 22.11. Since the end of September, we have known that it would not be met, as we only then (yes, only then) received a construction schedule that indicates around the 4th calendar week of 2017 as the completion date. It was just not contractually agreed what exactly happens in the event of non-compliance.

well, if the construction time guarantee has already expired, the chances are of course better for you again. But I do not know what the legal regulations are then. In our mechanical engineering field, 1% of the total contract sum per week (maximum 5%) is usual.

you are now definitely at a clear advantage with an expired construction time guarantee. as I already said, a reasonable cooperation is still more important than stress. if you want to do the ceilings during that time, then clarify that with them in a reasonable but clear tone. It really makes sense to have the ceilings finished when the tiler comes. clarify in advance how much would theoretically be owed to you. that way we are already somewhat established.

But do these legal regulations also apply if we have not agreed on anything about them in the contract? I thought such a thing is called a contractual penalty and must be expressly stated in writing in the contract?

Quotes from our contract, as mentioned, without contractual penalty:

The completion of the construction project according to the agreed performance shall take place no later than 10 months after the submission of the building permit or building release, plus possible bad weather days in the winter half-year.

Should changes or additions to this contract for work result from official requirements or technical necessities, the contractor shall notify the client of these in writing. Delays in completion resulting from this shall be borne by the client, as shall any other delays for which the client is responsible.

The client authorizes the contractor to take all public-law measures necessary for the execution of the construction, and during the execution of the construction project, the contractor and the client jointly exercise house rights on the construction site.

Furthermore, a quote from our description of construction services:

Own work by the builders is basically possible after written agreement, whereby these services are then not covered by the warranty of the construction company. They must be reported before the start of construction and must cover an entire trade. The execution time must be adjusted to the schedule and coordinated with the site management.

In summary, this is a case of one statement against another, right? On the one hand, we would have had to report own work before the start of construction (see description of construction services), on the other hand, we have house rights and may do whatever we want...?