Contract for work and construction description for building a house

  • Erstellt am 2011-05-22 00:07:02

headroom

2011-05-22 00:07:02
  • #1
Hello

My wife and I want to have a single-family house built with the help of a developer under a contract for work and services.

It would be nice if you could take a look and possibly give tips and comments.

Please assist.

THX

Contract for Work and Services

1

Contract for Work and Services between the married couple xxxx and xxxx, residing
in xxx Street, xxxx
and the company xxxxx, xxxx St. xxx, xxxx.
§ 1 Construction Obligation
1. The company xxxx undertakes to construct a residential building on the property of the district xxx,
plot no. 5080/D, building site, xxxx with 326 sqm.
2. This residential building is to be constructed by the company xxxxx in accordance with the attached
building description as well as the building approval plans according to recognized rules of architecture
and technically flawless. The dimensions specified in the plans are non-binding within the valid building tolerance and must be verified at the construction site. Regarding sound insulation, the requirements of DIN 4109 Part I are owed.
The company xxxx will endeavor to consider the buyer's special requests. Orders
for carrying out special requests may only be issued by company XXX
and must be approved by the buyer under agreement of additional or reduced costs.
The costs for special requests are borne by the buyer, who must reimburse these to company XXX
in addition to the purchase price.
3. In addition/modification of the building description, the parties agree that the following services are included in the
agreed contract price:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

4. The handover is agreed for ………. .
Company XXX undertakes to do everything within its power to ensure that
this date is met.
The company XXX is not responsible for exceeding the above date if this is due to extraordinary events, e.g., strikes, natural disasters,
unusual weather conditions, or construction shutdowns not attributable to the seller, or other reasons beyond the responsibility or
decision-making area of company XXX. Otherwise, claims cannot be derived from a slight delay of the mentioned date,
unless the delay is no longer reasonable for the buyer considering all circumstances.
5. Should a service to be provided by company XXX according to this contract not
be sufficiently specified, company XXX shall determine it at its reasonable discretion. It will take into account the buyer's wishes within a reasonable scope. If the building description allows for an optional execution, company Xxx holds the right to choose. 2

§ 2 Contract Price
1. The contract price is: EURO xxxxxx,--
(in words: xxxxx)
2. The contract price is due as follows:
- 30% after completion of the shell including carpentry work
- 30% after installation of roof surfaces and gutters, as well as window installation,
including glazing, for the rough installation of heating, sanitary and electrical systems,
for interior plaster except for additional plaster work, and for screed
- 36.50% after completion of tiling work and after readiness for occupancy (provided
seller services are still to be rendered) and simultaneously upon possession transfer
- 3.50% after complete completion (provided seller services are still to be rendered)
The reservation fee amounting to Euro 500,-- will be credited toward the 1st payment.
Defects found in the acceptance report do not prevent the due date of the contract price, if they have not yet been remedied by then. The buyer is then entitled to withhold an appropriate amount (§ 641 para. 3 German Building Code).
3. The contract price will be requested in writing by company XXX and must be received
by company XXX within ten calendar days.
Construction progress will be verified upon the buyer’s request by a confirmation from the architect.
In case of delay that occurs with the due date without further reminder,
the respective part of the purchase price shall bear interest of 5% above the base interest rate annually for the delay period, which does not constitute an additional grace period.
4. All payments have to be made solely to the account of company XXX no. xxxx at
Volksbank xxxxx.
5. The contract price is a fixed amount. It particularly includes:
a) construction and incidental construction costs
b) costs for utility connections: water, electricity, gas, telephone (standard external connection)
Costs for later building surveying are not included in the contract price and must be paid by the buyer.
§ 3 Warranty
Company XXX owes the contract-appropriate construction of the purchase object according to the provisions of § 1.
After the provision of the services owed by XXX, both contracting parties shall jointly perform acceptance. Minor defects cannot be a reason to refuse acceptance. Acceptance is also considered as done if the buyer does not accept the work within a reasonable period determined by company XXX although obligated to do so.
A protocol of acceptance is to be prepared. It must be signed by both contracting parties. It shall contain all detected defects and outstanding services which shall be remedied without delay, if necessary.
Early use of the purchase object by the buyer releases company XXX from liability and substitutes for acceptance; this also applies if the buyer does not accept within the announced deadline.
The buyer has no right to refuse acceptance if delays in completion of development and outdoor facilities occur, provided company XXX has completed its services for occupancy readiness.
The warranty for material defects in the building is solely governed by the provisions of the German Building Code.
Company XXX is not liable for special requests that the buyer has arranged directly with the craftsmen and which are directly settled with them. Nor is company XXX liable for the buyer’s own work. In this respect, it is not obliged to provide advice or instructions in case of improper execution.
The buyer initially has a claim against company XXX for supplementary performance.
Company XXX may refuse supplementary performance if it is only possible at disproportionate cost. If the refusal is justified or supplementary performance fails, the buyer may demand a reduction of the contract price. There is no right of withdrawal from this contract in case of minor breaches of duty.
In case of dispute, on application by one or both parties, a sworn expert appointed by the president of the responsible chamber of architects will decide. The losing party bears the costs of the expert.
The buyer is entitled to demand assignment of warranty claims that company XXX has against companies involved in construction, including architects, if no compensation can be obtained from company XXX.
Company XXX is liable for damages only for claims of the buyer arising from injury to life, body or health if company XXX is responsible for the breach of duty, as well as for other damages resulting from intentional or grossly negligent breach of duty by the seller. Otherwise, claims for damages of the buyer are excluded.
§ 4 Statute of Limitations
Statutory limitation periods apply for rights and claims due to defects.
Claims and rights for material defects of the building expire accordingly after 5 years from acceptance. If the law prescribes a shorter limitation period, especially for delivery of movable parts and fixtures, this period applies. 4

§ 5 Severability Clause
Should any provision of this contract be invalid or unenforceable, this shall not affect the validity of the contract otherwise. The parties undertake to do everything to replace the invalid or unenforceable provision with an effective or enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provisions.
The same applies if the contract contains a regulatory gap.
xxxxx, dated xxxx, dated………………
……………………………………………….... ………….………………………..
(xxxxx) (XXX Immobilien GmbH)
Attachment:
Building Description
Site Plan

Building Description
New construction of a detached single-family house in xxxx,
xxxx
Shell Construction
Utility Connections: - water, gas, electricity
- main lines: wastewater including sewer connection
Earthworks: : - stripping the topsoil
- excavation and backfilling of the building pit
- rough grading of the property
- reapplication of the topsoil stored on the property
Basement: - concrete floor slab according to statics requirements (WU concrete)
- basement floor as precast concrete basement
Exterior Walls: - Liaplan/Bisoplan d=30 cm or equivalent depending on
structural requirements
Load-bearing Interior Walls: - sand-lime brick d=17.5 cm or 11.5 cm
depending on structural requirements
Floor Ceilings
Basement and Ground Floor: - reinforced concrete solid ceilings or precast ceilings according to statics
Staircases: - cantilevered stair flights, with beech steps and wooden handrail
Roof Structure: - wood construction according to statics, treated against rot and insect infestation with approved wood preservative
- underlay membrane with counter battens and roof battens
- insulation between rafters min. d=220 mm
- windproof foil
- gypsum plasterboard d=12.5 mm on battens 2

Roof Covering; - clay tiles
- color chosen by the developer
Metal Work: - gutters and downpipes in zinc sheet
Roof Overhangs: - horizontal boarding d=19mm
- all visible timber treated with non-hazardous wood preservative impregnation
Windows: - plastic windows and balcony doors with tilt-and-turn fittings
- triple insulating glazing and plastic roller shutters
- interior window sill marble, exterior aluminum with plastic coating
Front Door: - white plastic
- door leaf with frosted glass filling
Exterior Plaster: - textured plaster
- color design by the developer
Base Plaster: - cement plaster with dispersion paint coating
Interior Finish
Interior Doors: - casing and lining in beech or white
- lever lock with classic key
- handle set
Interior Plaster: - single-layer machine plaster on all masonry walls on ground and upper floors.
Interior Window Sills: - Cararra marble, d = 2 cm, w = 20 - 25 cm
- at all parapets in living areas (except WC and bathroom).
- No guarantee for color variations in natural stone. 3

Screed Work: Floating screed in all rooms including basement
Floor Coverings: Floor coverings to be installed by the buyer except for
bathroom and guest WC
Tiling Work: - In the kitchen between kitchen units,
max. 4 sqm
- In the bathroom and guest WC up to ceiling edge,
including tiling of bathtub and shower. (Material price Euro 20.00 incl. VAT at our tile supplier)
- Borders and decorations are not included
- Diagonal and offset laying as well as large-format tiles (> 25 x 33 cm) for an extra charge
Painting and
Wallpapering Work: Own work
Heating: - gas boiler with pre-painted panel radiators
- thermostats on all radiators
- no radiators mounted in the basement
- domestic hot water preparation via solar thermal system
Fireplace: - optional, chimney, company Schiedel, extra charge
Sanitary: - hot and cold water pipes in copper or multi-layer pipes
- steel bathtub and shower with surface-mounted fittings
- washbasin with single-lever mixer
- wall-hung low-flush toilet
- guest WC with washbasin including single-lever mixer
- water taps in front of and behind the house
Electrical Installation
Kitchen: 1 switch for ceiling light point
12 sockets
1 three-phase connection for electric stove 4

Guest WC: 1 switch for ceiling light point
1 socket
Living/Dining: 2 switches for ceiling light points
10 sockets
Entrance Hall/Corridor Ground Floor: 2 ceiling light points
1 socket
Bedroom: 1 two-way switch for ceiling light point
4 sockets
Children’s Room: 1 ceiling light point
4 sockets
Bathroom: 1 ceiling light point
2 sockets
Basement Corridor: 1 ceiling light point
Utility Room: 1 ceiling light point
4 sockets
Basement Room: 1 ceiling light point
3 sockets
Hobby Room: 2 ceiling light points
4 sockets
Outside: 2 outdoor light points
2 sockets
Electrical work according to VDE regulations without light fixtures. Cables in living floors under plaster, in basement on concrete in moisture-resistant cable. 5

Outdoor Area: - 1 parking space
- terrace (approx. 12 m²) and house access paved with eco paving stones 20 x 20 cm
- fencing, landscaping of the outdoor area including fence
to be performed by the buyer
Garage: - not included
- extra charge for standard prefabricated garage including foundation,
brand Grötz € 6,500,--
Miscellaneous: - planning and execution according to Energy Saving Ordinance 2009
- connection for telephone
standard installation worktop externally free
installation of worktop inside the building € 353.17
- doorbell with chime
- 2 TV connections
- cable connection
if concluding a usage contract
with Kabel Deutschland € 152.86
without concluding a usage contract € 358.02
- washing machine connection
(if washing machine connection in basement, a lifting unit is required which is not included)
The color illustrations in the exposé and graphical tools
(e.g. furniture, trees, utensils, etc.) are not included in the scope of services. They serve only as design suggestions.
Monitoring by independent expert with certificate.
xxxxx
 

headroom

2011-05-22 13:19:30
  • #2


Good question. Noted.



Good question. Noted. Which could be the largest items?



Should I go into the tiniest detail? e.g., brand of the sockets, etc.?



So you mean I should get the name of the expert? I plan anyway to hire my own building expert who will supervise the construction.



Detached, approx. €270k
 

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