Contract performance bond combined with final installment

Hello,

thank you for your contributions.
I can already see, we need to ask exactly what kind of guarantee he has in mind and we need the written conditions that would be signed for that.
Today, I first need an evening without a house, to unwind. I hope we will find time over the weekend to read through this again and discuss how we proceed with the GU.
But we still have to pick up various tiles, take photos in the house of the underfloor heating, place orders, submit invoices... uuuuuugh.... After that, I’ll be glad again to sit at my workplace and do something else.

But always feel free if anyone else wants to write something on the topic, I will (eventually) read everything!!!

Regards

Hello,

in the meantime, we have completed the contract amendments.

We agreed to the guarantee, but at this time we also had some other things included in parallel. Two things were now more important to us than the details of the guarantee: it is now explicitly stated that the final payment is only to be made after the final acceptance, and that parts of the final payment can be withheld by us in case of defects. Additionally, we were able to explicitly add that the construction company is liable for the heating/plumbing services through another company (which was originally still directly Subunt.) despite the latest contract amendments, in case this company goes bankrupt.
Therefore, I still can't explain this guarantee to anyone in full detail.
However, it seems to be a mixed product: ""Diese Bürgschaft dient dazu, die vertragsgemäße Ausführung und die vertragsgemäßen Mängelansprüche sicherzustellen."

Thank you for your support and best regards

It now explicitly states that the final installment is only to be paid after the final acceptance, and that in case of defects, parts of the final installment can be withheld by us.

I hope there is no clause that prohibits you from moving into the house before 100% has been paid.

Hello, no, there is no explicit provision as far as I know. The building code applies. If the final acceptance is refused, as far as I know, you are not allowed to move in. For minor, documented defects with successful final acceptance, you probably can. Luckily, we are not being thrown out of a rental apartment, so while it would be annoying not to be able to move in, we can probably wait it out better than many others. Deadlines are also set for the correction of defects. Since we are continuously supervising important steps with a building expert and are now having one issue corrected immediately, in the end, there should not be a thousand things piling up at least. Heating/ventilation/bathrooms/floor coverings still need to be done. So quite a few things can still go wrong.