Contract Supplement to the Construction Contract by the Developer

Hello,

A legal question about this: is the neighbor allowed to store soil on someone else’s property? And if he is already "damaging" the property by digging up soil, isn’t he then responsible for financial compensation? I also can’t just dig around on my neighbor’s property.

You are sometimes a bit naive; I believe I have written something similar elsewhere before.

When a complete semi-detached house is built, it is inevitable that the halves mutually affect each other; especially if one builds on a slab and the other with a basement. In the present case, it is less about the storage of the excavated soil – that will certainly be temporarily stored on the associated property – it is about ensuring the structural stability of the house on the slab.

Now there are two, no three options. The neighbor with the basement fills his basement completely again according to the soil report – he is obliged to do so. Then Toni has to dig up again to be able to create the required terracing => a lot of money wasted for nothing, quite literally thrown into the sand.

2. The neighbor does not fill in immediately but gives Toni the opportunity to create the terracing on his land. Once this is constructed, the neighbor compacts the fill again. In practice, both then share the costs of the filling => so money is saved.

3. Toni continues to insist on his position, then the only option left to him is to withdraw from the contract (neither neighbor nor provider will fully comply with his wishes) and bear the architectural costs incurred by his provider up to the building permit.

Kind regards

what do we learn from this? Never build a semi-detached house, we have already been more than annoyed about this. But you are always wiser afterwards!

Hello,

Is there even a legal basis for simply citing a contract amendment?

Yes, the state building code; see below.

What if I now refuse to allow someone to do an excavation on my property?

You can’t do that. The building planning regulation for the duplex requires that the two halves of the house be built to each other in a mutually compatible and coordinated manner. Take a look at the state building code of your federal state.

If you wanted to put this idea into practice, your neighbor would have every right to sue you because you are disrupting his interests – and he would be granted the right by the court.

Kind regards

@Bauexperte

Thank you very much for the clear explanations. Even if they are not what ...I wanted to hear.

But back to the construction contract. Why do I conclude a fixed-price contract in which it is agreed to build a semi-detached house without a basement? And afterwards the contractor can simply add a contract amendment that was not contractually agreed upon. Then I don't need a contract. :-(
According to the soil survey, such a construction project (semi-detached house with a slab foundation) can easily be carried out on our property. The 'additional foundation costs' must somehow be made tangible. I see the whole thing as a failure of the broker. It must be pointed out and recorded what it means if the situation I described occurs.

Regards

Hello,

what do we learn from this? Never build a semi-detached house, we have already been more than annoyed about this. But hindsight is always twenty-twenty!

This thread is one reason why we are reluctant to build only a semi-detached house. If a property is subject to our option, there is only a joint approach - either both with or both without a basement.

Kind regards

You are sometimes a bit naive; I - I seem to remember - have written something similar elsewhere before.

My questions may be somewhat pointed. If inexperienced in construction matters, I would definitely agree with you. But definitely not naive, I am far too much of a thinker for that and wouldn’t be in the position job-wise to be thinking about a house.