Delay of the move-in date already before the start of construction

Hello everyone,

Today, a letter from our general contractor was in the mailbox in which he informs us, due to "Corona" and "unexpected global production outages," that our contractually guaranteed ("scheduled move-in date on XX.XX.XXXX") cannot be met and that there is also "no concrete outlook" possible. He refers to "force majeure."

The interesting thing is, our construction project has not even started yet and we do not even have the building permit. In principle, he is announcing a delay and thereby bypassing our contractually fixed move-in date. Of course, I understand the situation but I wonder whether I should/must act directly here so as not to end up without compensation through the payment of his contractual penalty. This is stated in the contract, but does not apply if he is not responsible for the delay.

Of course, I do not expect legal advice, but maybe others are in the same situation or someone has already had a similar case. Announcing a delay already now, even though construction has not started, seems difficult to me; after all, he still has 12 months until the move-in date.

Regardless, with a small construction company, a follow-up phone call would have been desirable, but all I have is a simple postal letter.

Are you currently also experiencing scheduling problems/delays with your construction?

due to "Corona"

is the contract from 2019?

for newer contracts, "Corona" is probably no longer "unexpected"!

is the contract from 2019?

with newer contracts, "Corona" is probably no longer "unexpected"!

It does not necessarily have to refer to Corona. The Ukrainian adventure of the WP has significantly complicated trade flows.

is the contract from 2019? with newer contracts, "Corona" is probably no longer "unexpected"!

the contract is from 12/2021.. so completely unexpected.

Is a lazy excuse. Corona is not unexpected, another lockdown is not to be expected. Disrupted supply chains have been completely normal in construction for at least 1 year. Since you still don’t have a building permit, I would be surprised by a fixed scheduling.

I would do the following now: 1. call and ask how much it is about 2. make it clear in a friendly but firm manner that it is not your problem if the general contractor took on too many orders 3 months ago and that you don’t like the way the announcement was made. 3. if it is only about 1-2 months, don’t take it too strictly. But take the new date bindingly as an addendum to the contract, possibly with an adjusted (= increased) contractual penalty.

It doesn’t have to relate to Corona. The WP’s Ukrainian adventure has significantly complicated trade flows.

The entire document is based on the "global corona crisis." No other reasons are given. For example, it also states that crafts businesses are forced to reduce or even stop construction activity as a result of government protective measures. I thought we were past this point by now; at least restrictions are being eased everywhere. From the reasoning, I would date the document to early/mid 2021, but from a current perspective, I find the justification problematic.

Are there really no building materials currently as outlined in the document? Insulation, steel, and wood are said to be unavailable. I find that quite extreme, especially against the background that the planning contract is from 07/21 and the construction contract from 12/21 – everything was already tight by then, right?