Contractual penalty or bonus for deadlines

  • Erstellt am 2022-05-06 09:45:37

HilfeHilfe

2022-05-07 10:24:09
  • #1
In Germany, freedom of contract applies. You can put anything in. With the risk, the developer does not want you as a customer if the demands become too "severe". In life, you cannot insure against all risks.
 

driver55

2022-05-07 10:30:09
  • #2
Some people come up with ideas. Be glad if he "accidentally" finishes earlier. For all other builders, I am happy to provide my IBAN if they really want to get rid of money. :D :D:D
 

xMisterDx

2022-05-07 14:43:42
  • #3


This should be double-checked by carefully reading the passage again, because €200/day is no small matter for the contractor.

In my contract, it also states that I get €50/day. However, it also says that everything for which the contractor, i.e. the general contractor, is not responsible does not count towards the construction time guarantee. Drying times, for example.

It would be interesting in this context whether he can also attribute delivery bottlenecks for materials to force majeure?
 

Joedreck

2022-05-07 14:47:44
  • #4

Drying times are completely normal in the construction process and must be taken into account in the construction period. In that respect, this is absolute nonsense in my layman's opinion.
 

11ant

2022-05-07 14:57:08
  • #5

I have slightly modified your suggestion:
 

xMisterDx

2022-05-07 15:05:02
  • #6


That is partly correct, yes, I remembered it incorrectly. Only the drying times that must be observed before flooring and painting works are excluded. This means that if the house is built over the winter and then still has to dry for 4 weeks, usually with the help of construction dryers, this does not count as construction time guarantee.

The rest remains. Force majeure, bad weather, etc. So if in summer at 40°C no masonry work can be done for 4 weeks because the mortar may only be processed up to 30°C, that does not count, and so on.

In the end, the general contractor is always right here because no one goes to court over a few thousand euros...
 
Oben