Construction time overrun 34 months - compensation states 500€/month

  • Erstellt am 2018-02-21 22:11:15

305er

2018-02-21 22:11:15
  • #1
Hi,

we received our house handover protocol today, which we are supposed to sign tomorrow.

The construction was handed over on 21.02.18.

The planned date was 05.11.2017.

According to the contract (attachment), we are entitled to €500 compensation for each commenced month.

According to the handover protocol, it would be €1500.

Both we and all colleagues are of the opinion that we are entitled to €2000.

What do the experts among you say about this?

Thank you

 

Nordlys

2018-02-21 22:16:52
  • #2
5.3. four months would have passed. There are still three. Thus 1500,-
 

305er

2018-02-21 22:33:19
  • #3
But why?

Every started month.

From
05.11. - 05.12. = 1st month
05.12. - 05.01. = 2nd month
05.01. - 05.02. = 3rd month
And
05.02. - 05.03. = 4th month (and we are in this started month)
 

Bieber0815

2018-02-21 22:37:09
  • #4
What is stated in sections 1.1 to 1.5?
 

Nordlys

2018-02-21 22:40:50
  • #5
Then change 1500 to 2000, sign and see what he says. Was there an agreed construction period extension of three weeks? Is there a [Schlechtwetter Frostparagraph] in the contract that applies? Has he already conceded 500 to you elsewhere? Think about it.
 

305er

2018-02-21 22:47:52
  • #6
The other points only mention typical, unforeseen events, strike, weather, etc.

But none of that applies to us.

We started in May.

There was no agreed extension of the construction period.

Accommodations made for us elsewhere? HAHAHA....that was a good one ;-)

No.

The construction manager also left out quite a bit from the protocol.

We alone have electricity costs of 1000€, because the heat pump ran without an outdoor unit. It was installed incorrectly.

According to an email, the costs would be covered, now he suddenly says no.

Also the fact that the house price includes additional costs like [Dixi Klo], but there was never one there.

Those things are not cheap to rent.

He also says they were never paid for....but basically they were.
 

Similar topics
16.06.2011Conclude a construction contract under reservation?10
13.09.2012Feeling pressured into a contract, is that normal?17
29.09.2011Is construction pre-planning without signature / contract legally valid?12
22.09.2012Who else fell for a contract with a reservation clause? - Search13
16.05.2015Contract unclear: humus earth collectors10
23.08.2015Construction financing with a fixed-term contract13
04.07.2016Building without a contract - Concerns?39
10.09.2016Construction financing and contract with the developer24
28.09.2016Question about early repayment and clause in the contract41
28.05.2017Plundering the Riester contract - for less need for credit?16
16.08.2018Civil engineering works without a contract - normal, experiences?10
04.01.2022Architect, contract according to HOAI 2013 - refuses to provide service36
06.06.2019Completion date in General Contractor Agreement - Wording assistance62
05.08.2020Contract for land purchase - obligation to build within 2.5 years18
11.11.2020Cancellation of a contract with a plumbing company24
09.05.2021Price adjustment clause in the contract with the general contractor18
30.03.2022Terminate the contract with the general contractor "early"22
27.01.2024House purchase through agent, now contract terminated18

Oben