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

  • Erstellt am 2022-03-15 16:47:47

gutentag

2022-03-16 14:58:02
  • #1
Is there a penalty-based completion deadline?
 

gutentag

2022-03-16 15:14:51
  • #2
You write: "and "weltweit unerwartete Produktionsausfällen" "

You have had few arguments for about 3 weeks now.

The next letter will announce significant price increases.

Only a fool believes that the Ukraine war will have no impact on the construction industry.
 

HnghusBY

2022-03-16 15:16:43
  • #3


"The readiness for occupancy is agreed upon 9 months after the start of construction, planned for XX.XX.2022."

If a delay is caused by the contractor, a penalty is stipulated. Of course, the date in the contract appears without XX.XX.

Quote from the contract: "Company XY is not in default with the readiness for occupancy as long as the service owed by it does not take place due to a circumstance for which it is not responsible (§248 paragraph 4 of the Building Code)" - The funny thing is that §248 has no paragraph 4 and paragraphs 1 & 2 deal with compound interest. Of course, I checked all paragraphs before signing and informed the contractor that the paragraph is nonsense in this context. He said he "made a note of it." It won't cause me any harm if he uses wrong paragraphs that have nothing to do with the contract. At least as long as they do not act to my detriment.
 

gutentag

2022-03-16 15:19:39
  • #4
Delivery difficulties due to war are not the responsibility of the general contractor.
 

HnghusBY

2022-03-16 15:20:14
  • #5
Correct, however, the letter cites Corona as the reason for these outages. Price increases are not possible, quote from the contract "The contract price is guaranteed as an absolute fixed price until the turnkey handover of the house".
 

HnghusBY

2022-03-16 15:23:05
  • #6


But to prove it. As I said, I do not want to have a legal dispute with the general contractor, even if the house takes longer it is not damage. I am only concerned with an appropriate response on my part to the letter, and I am also happy to grant a documented extension of the deadline – but without legal pitfalls to my disadvantage and therefore also tomorrow's legal consultation.
 

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