Delay in house construction - calculations for damages

Hello everyone,

we are currently having our house built through a general contractor.
Contractually, a construction period guarantee was agreed upon, assuring completion on 03.11.2023.

Of course, we are now behind schedule, as the screed has only just been applied.
And of course, about 8 weeks ago I already gave notice that we are experiencing construction delays and that I will assert claims for damages accordingly.

Now the question arises for me: what can I claim as damages?
+ Provision interest at 100%?
+ Additional cost for the kitchen, since the price guarantee (2 years) has expired and according to the construction schedule the measurement should have been taken long ago.
+ We do not rent, we own our property, but will move into the new property. Possibly fictitious lost rental income from the existing property?
+ Delay interest, because I can only start repaying the loan late? And the remaining repayment period is shortened for me.

Do you have any further points or experience on how I can calculate this? How does such a claim look in practice? Are there perhaps already court rulings on what can be claimed?
Many thanks for your help.
Best regards
Thomas

You can demand exactly what is stated in the [Hausvertrag], e.g. 100€ per day/week/year. If nothing is stated there, it will be difficult and will involve a lawyer.

I don't understand why a warning is sent right away and why we don't talk to each other first.

After a letter like that, things just don't get better...
GD

You can demand exactly what is stated in the house contract, e.g. 100€ per day/week/year. If nothing is stated there, it will be difficult and involve a lawyer

First of all, what you write is nonsense. Compensation for damages can either be directly stipulated in the contract or otherwise is determined according to the Construction Code and the relevant case law. There are clear regulations. It does not get difficult, but a lawyer is more than helpful. @TE: Is November 3rd contractually fixed? Otherwise, there is delay only after §286 Construction Code (i.e. reminder). Can objections be raised that could affect the completion date? What are the contractual regulations regarding this? There are often clauses on this. §280 Construction Code clearly regulates that all damages must be reimbursed, up to pecuniary damages. These must be specified by you; there is no classic list for this. Everything is case-by-case, but all has already been ruled upon by the Federal Court of Justice. These may include, for example: - additional interest at the bank (e.g. higher commitment interest than actual loan interest on the late paid remaining loan amount) - your attorney fees - rental loss due to delayed move-out - rental apartment for the transition period - costs due to furniture storage - cost increases due to expired price commitments for new home furnishings etc. The default interest you mentioned does not exist in construction financing. You only pay commitment interest and/or interest on the loan. A shortening of the repayment period by 1-2 months will not cause you pecuniary damage.

And of course I already reminded about 8 weeks ago that we are behind schedule and that I will assert claims for damages accordingly.

Haven't you received a response to that? Check again all points that could possibly be used against you, such as extra requests that took time, delayed approvals, etc. The general contractor will not pay voluntarily and legal proceedings can drag on forever, even if the situation is clear. So yes, a lawyer, but according to my experience (almost 10 years of legal disputes due to construction defects and an uncooperative craftsman) I would always try to find a solution together.

I would like to point out that the construction price index increased by about 23% in 2022 compared to the previous year. If you have a fixed-price construction contract and nothing has been changed about it so far, I would be cautious with demands due to delays. The general contractor could also pass on some of their increased costs to you within certain limits. This could become quite a loss-making deal for you.