Contractor / Alternative Subfirma

  • Erstellt am 2020-03-26 12:19:53

Tamstar

2020-03-26 15:20:41
  • #1
The VOB stipulates: And the attempt to find another subcontractor is reasonable. Cost increases for the contractor in this context are not fundamentally unreasonable either. It strongly depends on the individual case.
 

ypg

2020-03-26 15:21:50
  • #2
Everything is bad, you are already behind schedule...

But the answer on the subject of [„Ersatz“] will again be negative if the construction company gets into construction delay due to force majeure.
I don't think you have any options there, unless you waive the service of the GmbH and buy services yourself.
But I could be wrong, it's layman knowledge.
Can't you have a lawyer work on this question? It would be legally secure and should be able to be clarified in a cost-transparent appointment.
 

hampshire

2020-03-26 15:33:14
  • #3
With very high probability, the pandemic situation will be considered force majeure. Proving the opposite takes longer than finishing the house late. Your contracting partner is also interested in completing the construction site – there will certainly be an attempt to find other subcontractors. If these cannot be found at the desired time and at acceptable costs, you can stand on your head, complain, sue, threaten, or keep calm: you will have to live with the construction delay in fact and provide additional budget for the delay consequences to be able to move in. Whether you can get it back afterwards is another chapter.

Conclusion: right now and at this moment, it matters less what exactly your contracting partner "must" do, but rather what he actually does and what way you find together to move forward.


Thank you for these words – they speak very much from my heart.
 

nordanney

2020-03-26 15:49:05
  • #4
That is force majeure. Construction sites of the federal government have already been closed for this reason. If you choose another company, you will be liable for damages. There is nothing more to say about it.
 

alive&kicking

2020-03-26 16:08:46
  • #5
Okay, you know better about this. Until now, it was not clear whether the current crisis qualifies as force majeure, but I haven't looked it up recently either. I will get advice from the lawyer.

At the moment, however, I don't see any efforts by the company to find alternatives. Basically, I am always in favor of joint solutions, but we are also reaching our limits; we are behind schedule (not only with the remaining trades; we were already behind with the shell construction), no signs of participating in running costs. And our private situation is unfortunately not so good either.
Oh, by the way, that reminds me of a not quite unimportant question.

We have to finance part of the construction costs with a loan, which will be due in the next few weeks. Until two weeks ago, that would have been no problem, but how are banks currently behaving when the regular income, let's say, is significantly reduced due to work stoppage? Have you heard anything about that?
 

ypg

2020-03-26 18:17:21
  • #6


You have started, or rather the GmbH has started, without the financing being secured?
 

Similar topics
10.11.2017Back payment air heat pump disaster, contracting party, electricity supplier11
25.12.2023Behavior in case of imminent delay by the property developer48
08.01.2025Problems with subcontractor's invoice19

Oben