Construction progress: Duplex with WU basement and developed attic

Cheap would be if the house were ready to move in.

Is the document sufficient?
Hope so for you

You are no longer allowed to say Mohrendatsch.
That is "Schaumkuss" (formerly Mohrenkopf or Negerkuss) in a bun.
A must-have between math and sports during the big break.

Hi,
oh, with us in SH they were called Klatschbrötchen, or simply Negerkussbrötchen.
Right, to the kiosk during the break and all that for 30 Pfennig.
Back in the early 70s.
Regards Olli

At the moment, I have him confirm in writing for assignments I make that he agrees: I hereby confirm that I agree to the order placement for the underfloor heating in the basement floor for xxxx euros gross by Mrs. ............, that the invoice amount will be deducted from the total contract sum as agreed, and that I have no compensation claims for this service.

Hey Hausbau0815,
just to understand the process currently. The situation is more or less that GU2 (the butcher) can currently decide between getting paid and continuing or claiming damages. But in fact, you are organizing the trades and having GU2 confirm that he waives any potential claim = deducted from the total sum.

So in fictional numbers:
Total contract sum 200,000 €
Tile setter is contracted by you in agreement for 20,000 €

= Total contract sum 180,000 €

That also applies in the case that he continues. Correct? -> You choose the craftsmen. If he quits, you proceed with individual contracts and hope the calculation works out.

Now two practical questions: Who currently negotiates the price for the craftsmen? -> Is that you? Do the craftsmen agree to fixed prices when they basically don’t exactly know what they are committing to? Has this local construction company now given you a cost estimate? A fixed price or something else? Will they also start if the GU stays? That would be possible since the local construction company is not supposed to become the new GU. Correct?

I’m asking this also because my second question is a bit more complicated: What happens if you can no longer deduct anything from the total contract sum?

So fictional example:

Total contract sum: 100,000 €
Tile setter: 20,000 €
Insulation renewal: 40,000 €
Electric: 30,000 €
Painting: 10,000 €

Your GU2 says each time: sure, deduct it, it will be deducted from the total sum.

Now the total contract sum is 0 €, but you still have the stair railing and who knows what else.

I mean the total contract sum was 340,000 €, you have determined 300,000 € in costs.

What happens if that simply isn’t enough? For whatever reasons? Then you pay that yourself, correct?

It would be cheap if the house were ready to move in.

Is the document sufficient?
Hope so for you

and cheap would be if the work is well done.

Now two practical questions: Who is currently negotiating the price for the craftsmen? -> Are you doing that? Do the craftsmen agree to fixed prices when they practically don’t really know what they are getting into? Has this local construction company given you a cost estimate? A fixed price or something else? Will they also start if the general contractor (GU) remains? That would be possible, since the local construction company is not supposed to become the new GU. Correct?

I’m also asking because my second question is a bit more complicated: What happens if you can no longer deduct anything from the total contract amount? Your GU2 says every time: sure, deduct, it will be subtracted from the total sum. Now the total contract amount is €0, but you still have the stair railing and who knows what else. I mean, the total contract amount was €340,000 and you calculated costs of €300,000. What happens if that just isn’t enough? For whatever reasons? Then you pay that yourself, right?

Many questions and not easy to answer. Admittedly, the whole thing has not been fully thought through yet. The tilers are still commissioned by the GU. The tiles have also been paid for by the GU, meaning those already on the construction site. However, that is also a point I don’t understand. He knows that, due to the right of retention, he won’t get any money from me and is buying materials diligently; in my opinion, the tilers are much too early. If he decides to terminate the contract, he will get no money from me for that, since the amount he offered of €80,000 is below the cost of defect remediation. He knows that too. The local construction company will not be a GU. I already have a cost estimate for part of the services. Since the complete restoration of the drywall is still to come, we had an on-site appointment yesterday. I will still receive this offer. This subcontractor (BU) will be commissioned by me because they will not work for the GU. They will also start if GU2 remains. He suggested that himself to be used for auxiliary work.

Point 2 will be even more complicated. At the moment, I still have enough lead time. But whether that will be enough in the end, I don’t know. I would prefer a termination. Just today I had two unpleasant experiences with him again.

Point 2 is becoming even more complicated. At the moment I still have enough lead time. But whether that will be enough in the end, I don't know. I would prefer the cancellation. Just today I had two unpleasant experiences with him again.

I can totally understand that. GU2 could still decide on option two, as it is ultimately cheaper for him and he still has no risks. He pays 30k in damages, you choose the craftsmen and if the budget is not enough, then that may be your problem. If the craftsman you chose is no good, you can hardly hold the butcher responsible for that. He can still do a few auxiliary jobs and show his good will and in the end he pays less than if he pays you 80k and is completely out of the deal.

From my point of view, option two, i.e. continuing to build, is quite an attractive option for the butcher. Because he can be sure that from now on you will choose the craftsmen yourself out of self-interest, who will work for you. The question is, what is the advantage if the contract is not dissolved.

In variant 2, however, he also bears the full costs of defect rectification in addition to the damages payment. And is that really cheaper for him than terminating the contract?
Why I was annoyed with him again today:
He hired a young man for drywall dismantling at 20 € net + VAT/hour. He’s doing it all alone, nearly 400 sqm of double-layered drywall and trying, if possible, to save a few panels.
As GU2 told me, he had invoiced 3,000 € up to last week. Since everything was short notice, the young man postponed his other appointments to mid-January to finish here. Last night GU2 called him to come back only on Monday, saying he was too expensive and too slow. Such nonsense. He said the BU had done the dismantling for about 3,000 €. However, he did not properly read the BU’s offer again. The offer states: 80.00 m roof slope, open knee wall to upgrade the vapor barrier connection, including closure 2,905.60 €. No way, right??? I first talked to the young man and tried to fix it; of course, he isn’t interested in working for GU2 anymore.
The second thing: I received this email from GU2 today
I expect a written declaration of consent by 07.01.2021 that you accept the height differences between the rooms with different floor coverings. Otherwise, I will be forced to declare a work stop until clarification.
The tilers apparently reported that there will be a height difference between the bathroom floor tiles and the hallway if the latter is not tiled as well. Why that is, no idea, it could be that the screed in the bathroom is too high.
In reply to my answer that I do not accept height differences, I received:
There is no alternative to the height difference unless you want the bathroom floor tiles throughout the entire ground floor. According to the construction contract, no different heights are planned for the screed installation. Thus, we can declare a work stoppage until the matter is clarified or I receive from you a written statement that you accept the height difference.
:rolleyes: :rolleyes: :rolleyes:
I think termination is better .........