Construction delay -> Compensation?

  • Erstellt am 2016-10-17 13:53:15

LuziEva

2016-10-17 16:57:18
  • #1
Correct, tiles are the responsibility of the general contractor, the painter is own work or commissioned independently of the general contractor. As mentioned, the painter wants to properly prepare the ceilings before the tiles, and for the walls he will of course tape off (after the tiles are in).
 

andimann

2016-10-17 16:57:45
  • #2
Hi,

now it’s getting off-topic, but nonetheless:

Aside from the fact that I would never sign such a contract, can a general contractor legally lock out the owner at all? *looking dumb*
This is not a rental (as a landlord I of course am not allowed to just enter the apartment) but I commission the general contractor to work for me. It is clear and logical that I walk at my own risk on a possibly unsecured construction site and that only the site manager has authority over the craftsmen. For that, the site manager has to answer to me...



But it should not only be enough for a holiday apartment and that also costs well over 50 €/night for 4 people.

Here in the Nuremberg area it can get pretty bad during trade fair times, you easily pay 500 euros a night for 2 hotel rooms. And that’s not even the Sheraton...

On top of that there is a lot more: storing furniture; two moves, so one more than planned, possibly more driving around, etc...

Such a contractual penalty is supposed to put some pressure and motivation on the general contractor to make progress quickly. I see on our own site every week that people just let the site lie dormant casually.

Today the scaffolder came: a full 10 days late.

The painter stood us up today, comes Wednesday or Thursday, if you believe it.

The electrician only reconnected the construction power supply in the house after 2 weeks of constant calls, after the construction power box outside had to be disconnected... etc...

Currently they are just working on whatever is most lucrative and not what was agreed in the schedule.

At work I could (could, don’t have to because this doesn’t happen there) throw such suppliers out on their ear (after sending all the lawyers of hell on them) here unfortunately I can’t...

Best regards,

Andreas
 

Jochen104

2016-10-17 16:59:09
  • #3
Just talk to the boss of the company: Tell him that your painter would like to start something already and on the other hand you have heard that more € compensation would be usual. And because you are looking for a good solution for everyone, you suggest that he pays you rent + interest for the entire period but the painter can still get in beforehand. Hopefully, that will make everyone happy.
 

andimann

2016-10-17 16:59:20
  • #4
Hi,



I was told that the painter has to cover the floor anyway, whether there are tiles already or not. The tile adhesive apparently doesn't properly stick to paint.

Best regards,

Andreas
 

LuziEva

2016-10-17 17:02:19
  • #5


Hmm, thanks for the tip. However, our painter doesn't want to work with paint initially (i.e., before the tiles arrive), but only wants to prepare the ceilings, meaning filling, sanding, priming (?). So no paint could drip onto the floor yet.
 

andimann

2016-10-17 17:16:30
  • #6
Hi,



The client is the principal, I have no GTCs. The penalty is indeed stated in the contractor's draft contract.
The quote probably refers more to the contractual structures between general contractors and subcontractors.

Regards,

Andreas
 

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