Contractor / Alternative Subfirma

Hello everyone,
I would like to ask a question here for which I have not been able to find an answer or assessment anywhere so far.

We are building with a larger company from abroad, which also operates a company here in Germany, with which we have concluded the contract (VOB) covering the trades roofing, drywall, ETICS/plaster, and screed, in addition to the shell construction. The original planning by the contractor envisaged, although it is not part of the contract, partly deploying workers from the country of origin.

Status of these works:
Shell construction completed, windows installed, some work still to be done on the roof, e.g. metal sheet work and some minor corrections, interior finishing has begun.

Local companies have been commissioned for house electrics, sanitary/heating. The basic installations for the above-mentioned trades are almost completed.

Due to the restricted entry regulations caused by the Corona pandemic, it is currently not possible for the workers from abroad to complete the now pending tasks, such as drywall and ETICS.

Since an end to the restrictions is not foreseeable and although we basically want to continue working with the company, the question naturally arises as to how the house construction can be completed in a reasonable time, especially since construction operations on German construction sites have not yet been interrupted.

The current situation is unique and I fear that I will not get a definitive answer here either. But … maybe answering the following question helps, if it is transferable..

To what extent is a German construction company, which has taken over a contract like ours, required to provide replacement in the event of a subcontractor’s failure? Is there a usual timeframe here?

Basically, I assume that the company must indeed look for/offer alternatives in order to meet the construction schedule, but what impact could this have on additional costs? Or is it similar here to unexpectedly increased material procurement costs, which the contractor also has to bear, if I am correctly informed?

Most likely there are also points I have not thought of. I am thankful for any tips.

Thank you very much and all the best

You are like everyone else in Germany. Everyone wants to finish their house construction and reasonable companies have fully booked order books.

Do you seriously think your German construction company has a chance to provide replacements in the current situation?

Do you have anything about contractual penalties in the contract? Although I think Corona counts as force majeure and thus any clause would become invalid.

Yes, everything is rubbish!

We are building with a larger company from abroad, which also operates a company here in Germany,

Which company, which country, which law applies? Surely not a German one? Or is it? Read the fine print - GTC

to meet the construction deadline,

what deadline was agreed upon?
In case of frost, storm, and flooding, the times are suspended, meaning taken out of the agreed construction period due to force majeure. The company does not have to provide any compensation for that.

how the house construction can be completed within a reasonable time,

reasonable is subjective here. Delays in construction must always be expected... we have just been born into a comfort zone. We know no hardships, everything has to run as we like. We don’t even wait a week anymore for a package... okay, I’m digressing.

If the workers cannot work (I hope there are not too many construction projects in Germany or abroad), then I would be more concerned about the company's bankruptcy, which would then also be a problem for you.

Force majeure --> You have to accept longer construction times. But, as it is a VOB contract, in my opinion there are no monetary effects for you caused by the company. However, you are left bearing the costs (interest, longer rent) yourself.

Wow, thanks for the many answers in such a short time!

I’ll answer from top to bottom:

- we are already looking for replacement companies in parallel; completely unexpected from our side, we already have offers from several firms. Strange, maybe a lot has gotten mixed up.
- Of course, we have no contractual penalties included, which, as you also write, wouldn’t hold up


- German GmbH
- Completion of remaining work by the end of 2019, we were generous with that anyway and now it’s breaking our neck. That’s why we are also looking for alternative solutions, including with the company.
- well, that’s obviously a risk for many

@ Osnabrücker
- that’s the question whether force majeure is an argument when other firms are available

and thus also to my posed question, how it would be under normal circumstances. So does a contracting company have to provide a replacement?