Contractual penalty in the Building Code contract - new construction

  • Erstellt am 2024-09-05 06:54:11

11ant

2024-09-05 15:46:00
  • #1
Every builder has their own most pressing issue, which is why the damage scenarios differ. And as the name suggests, a penalty is supposed to hurt the contractor as well. This makes it advisable to assess it like an "increased transportation fee" significantly above the damage equivalent. By the way, a completion guarantee does not replace it. On the other hand, the contractor is already burdened by not yet receiving their next payment tranche triggered by the construction progress until acceptance / resolved complaint. Unfortunately, nowadays many builders work with general contractors who are undercapitalized repair procrastinators. : 10% of what exactly?
 

Tim_1992

2024-09-05 22:55:03
  • #2
I did ask a very respectful question, didn't I?

More than 5% of the total house price is not allowed anyway. The contractual penalty is not supposed to drive the general contractor into bankruptcy.

At least 0.2% per working day seems appropriate to me, hence my question.

Yes, building with a general contractor was definitely a mistake.
 

Tim_1992

2024-09-05 22:57:55
  • #3


No, he must prove beyond doubt that he was not at fault. Bad weather usually does not count; he has to factor that in to a reasonable extent.
 

Gerddieter

2024-09-05 23:12:21
  • #4
Why rent AND interest? One or the other, and what do the general contractor's interest have to do with your interest?
 

ypg

2024-09-05 23:27:49
  • #5
Contracts can be negotiated. You don't have to accept the €50 with a signature. However, one should not think that one could profit from it.
 

11ant

2024-09-06 01:12:45
  • #6

Then you should have agreed on that.

The OP is not asking before concluding the contract, but after window installation.

Of course both, if the delayed move-in causes both damages (renting the old apartment longer and financing additional expenses).

No, why?
 

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