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

  • Erstellt am 2022-03-15 16:47:47

HnghusBY

2022-03-15 19:41:50
  • #1


Absolutely, I will just get advice. Legally, I don't think the letter has any effect on the contract; it's just unfortunate if I don't respond now and they only start building four months before the contractual date. Then I will have the problem afterwards.
 

11ant

2022-03-15 20:38:31
  • #2
Well, after Easter comes Pentecost, ... - whoever looks for a reason to speculate on the customer’s ignorance regarding "force majeure" or to start later for any other reason will find one. Otto Reutter already sang about that in "der gewissenhafte Maurer" in 1920.
 

Yaso2.0

2022-03-15 20:58:39
  • #3


In our contract from Nov. 2020, it was also stated that pandemic-related delays would not be counted towards the construction time.

Construction start for us was August 21, planned acceptance on 8.4.22 (contractually, the handover is set for 11.5.)

We are building with solid construction and regarding the material, we had zero problems. Everything was there and some materials were even already on site, but the craftsmen were too busy (for example, when roofing).

Currently, two things caused delays (delay in installation of water and electricity meters and 3 days downtime of the construction dryer), but whether these will also lead to the handover date not being met… so far we have received no information in that direction.
 

HnghusBY

2022-03-15 21:04:41
  • #4


Sounds quite smooth, thanks for the feedback and above all continued all the best for the last months!
 

Yaso2.0

2022-03-15 21:11:30
  • #5


Apart from minor issues, it somehow went surprisingly well… :D
 

Joedreck

2022-03-16 05:48:52
  • #6
I would definitely consult a lawyer beforehand. The letter can indeed have an impact. Namely, that the contractor has timely pointed out the delay and is therefore released from the obligations in this regard. Especially since he speaks of force majeure, the fault then does not lie with him. So consult a lawyer and prepare a document. Call the contractor and seek a conversation. If he does not agree to set an acceptable delivery date, send the letter in proper form and within the deadline.
 

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