HnghusBY
2022-03-15 18:11:33
- #1
It's 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 don't have a building permit yet, I would be surprised by a fixed scheduling.
I would do the following now:
1. Call and ask how much it concerns
2. Make it clear in a friendly but firm manner that it is not your problem if the general contractor overcommitted three months ago with his orders and that you do not like the way the announcement was made.
3. If it’s only about 1-2 months, don’t take it too seriously. But take the new date bindingly as a contractual addition, if necessary with an adjusted (=increased) contractual penalty.
I feel the same way. I would also be surprised if the construction project is already delayed today. At least it cannot be because of our construction project.
Your suggestion for the procedure matches my intention. However, I am still not sure whether it is legally wise to just accept this letter as is or whether I should rather inform them in writing that I do not simply agree to it. In principle, the letter does not change anything about my contract and the agreed date, does it? After the move-in date has passed, the general contractor would be directly in default anyway (contract according to the Building Code) and would need to prove that he is not responsible for this. This letter should not change anything about that either. If it does, then any reaction from me now needs to be carefully considered.
In principle, the general contractor "deletes" the move-in date from the contract with the letter and postpones it indefinitely. So it could be three months or years. Legally, this should not be so easily possible. I would almost go so far as to say that this letter has no legal significance for the contract.
As you say, you can talk about everything and one or two months is not bad. I also don’t see it so strictly. But I find such a letter without comment difficult. After two months of delay, I would then enter the provision of interest payments on the outstanding installments.
I wanted to take out a builder’s legal protection insurance anyway—I’ll do that tomorrow :D