Deadline setting handover + joker last installment

  • Erstellt am 2018-11-13 21:40:16

BenutzerPC

2018-11-13 21:40:16
  • #1
How do I have to proceed legally if I want to enforce a handover date from the general contractor [GU]? According to the contract, a construction period of 6 months is targeted. Drying times, holidays, etc. are not taken into account. I have no idea how to calculate from the start of construction to the end. We are currently in the 8th month. Only painting work and flooring work remain inside. Outside there are still a few small things, but they still allow moving in. An end should be in sight, but the craftsmen are not getting moving (too much work). However, I need a defined date in order to possibly pass on costs such as rent, etc. to the [GU]. Another point is the last payment: I wanted to withhold this until everything is completed. However, the [GU] only provides the documents, which I also need for the [KFW] for a repayment grant, once everything is paid. What do you think about this? That way I give up my last trump card and later have to chase after the elimination of defects myself, or I forgo the grant... What do you suggest?
 

Mottenhausen

2018-11-13 23:14:20
  • #2
The construction time guarantee or the completion date unfortunately rarely serve to put the general contractor (GU) in default. BECAUSE: The GU is only responsible for delays that he himself is accountable for (e.g., craftsmen commissioned too late, poor planning, etc.) He is not liable for delays that are not his fault. This refers to late material deliveries, illness of individual craftsmen, insolvency of a craft business, slow approval processes, etc. Usually, the GU always finds reasons for which he is not responsible, which is why the completion period ultimately is not worth the paper it is written on.

The KfW subsidy is anyway only credited to you on the last loan installments; the energy calculation is not urgent at all. It is only allowed to be completed after full completion.

Be careful: The final handover sometimes occurs automatically through moving in. That means regardless of how many defects are still open.
 

BenutzerPC

2018-11-14 06:13:40
  • #3

I was told here: There are partial acceptances. Or rather, a neutral expert accompanies the handover. Outstanding points are documented. That means I can already move in. Now it’s just a matter of defining how to deal with the last installment: The general contractor wants us to pay it in full, and any defects will be rectified later according to the protocol. That’s inconvenient for me because I constantly have to follow up. I want: Outstanding defects to be assessed and deducted from the last installment. That way, the general contractor can only claim payment for the services actually rendered at the time of handover. I would find that fair. If the defects are fixed afterwards, then this amount can be invoiced to me again. I’m curious how we can come to a fair agreement for both sides....
 

HilfeHilfe

2018-11-14 06:33:15
  • #4


Then tell him how you see the situation. Defects are documented and afterwards you want to see dates when they will be fixed so that the funds can be released.

The general contractor must be in a bad situation if he’s worried about 5-10k.
 

BenutzerPC

2018-11-14 11:38:45
  • #5
I don't believe that the GU is doing badly. It's just about the fact that he doesn't want to put in any effort to get the money. Basically, I feel the same way.
 

HilfeHilfe

2018-11-14 17:14:35
  • #6
believe me, currently you will have to chase after the defects. The books are full
 

Similar topics
01.06.2014KfW funding measures started late13
07.04.2016New KfW conditions from 04/201674
20.09.2017Cost KfW confirmation documentation & ventilation concept12
13.06.2018Energy consultant for a KfW 70 house costs 2,500€?29
04.04.2019How many KFW programs can be used?10
21.10.2019Financing with building savings loan + KfW + subordinated loan17
17.10.2020KFW 153 - Repayment grants and maximum loan amounts increase62
01.07.2020Financing via KFW 55 or still from the bank?18
18.11.2021KfW funding for KfW 40 Plus houses from now and from 01.07.202157
12.05.2021Building a new single-family house with KfW - costs?22
22.10.2021KfW funding residential building grant 46114
30.03.2022Apply for KfW funding 461 and 464?36
12.11.2021Exclusion of funding / Purchase contract signed before KFW grant10
14.06.2022KfW BEG funding stopped 261, 262, 263, 264, 461, 463, 4641239
26.02.2024Energy renovation and extension, KFW 261 example51
14.10.2023ISB and KfW funding: What is the effective monthly burden?11
09.02.2024KfW demands repayment of the grant due to the house contract14
28.03.2024Is house construction only possible with funding from KfW and the Landesbank?15
16.08.2024Buy land with cash, construction through KfW/NRW Bank27

Oben