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

  • Erstellt am 2022-03-15 16:47:47

WilderSueden

2022-03-16 16:12:52
  • #1
Sure? I can still accept minor delays. But not price explosions. The war is not in Germany but thousands of kilometers away. If the general contractor bases his business on ordering the material "just-in-time" at the then applicable price, that is his risk. He knew what material he needed in December and could have concluded corresponding contracts himself. Especially considering the fact that last summer there was a newspaper article every week about delivery problems and price explosions in construction.
 

11ant

2022-03-16 19:17:29
  • #2

Such an absolute guarantee already flirts with the border between bold and brash – you have to be able to afford that, and full pants are easily understandable here. On the one hand, one might not have explicitly anticipated the Ukraine war (and in a globalized economy, a war on the same continent cannot remain without consequences, so in this contractual relationship it will certainly go far beyond the role of a scapegoat), on the other hand, issuing such a guarantee was already reckless and daring: one cannot seriously assume that once "Corona" is "overcome" in the sense of adapted supply chains, a lasting calm must inevitably follow.

The legal assessment of consumer law aspects is therefore only "half the battle." In my opinion, one should also discuss with the lawyer how to deal with the risk of performance at all: I interpret the contractor's behavior as a harbinger of insolvency avoidance and would prudently review the solidity of the completion guarantee discreetly.


If the contractor only wants to be allowed to take longer without penalty and that is okay with you, then everything is fine.
 

gutentag

2022-03-16 19:29:12
  • #3
How your entrepreneur understands the contract, you can see from the letter.

If the matter doesn't concern you? Then why are you asking for advice here.

You haven't even submitted a building application yet.

Please report how it turns out.
 

HnghusBY

2022-03-16 19:32:09
  • #4


Well, we would have gotten a fixed-price guarantee from any prefabricated house manufacturer as well – then just for 12-16 months. I do not find that unreasonable now or something unusual.

What do you mean by discreetly checking the completion guarantee? I am not assuming the worst case now and if so, there is nothing I can do at the moment anyway. Should the case arise, it will be unpleasant anyway.
In fact, I would be willing to accept some schedule delay without penalty; you just have to have a proper discussion about it.
 

HnghusBY

2022-03-16 19:38:38
  • #5

I am not sure what you have read, but the “matter” very much concerns me, and why I am asking for advice can be read in the original post. Just because I am willing not to act immediately with a hammer doesn’t mean it doesn’t concern me.
Also, with your last statement, you should read first and then make claims. I wrote that I do not yet have a building permit, but I have indeed submitted a building application.

I am happy to report back, but I wonder what such comments are supposed to achieve. They are not helpful and also contain misinformation based on assumptions.
 

gutentag

2022-03-16 20:02:57
  • #6
Sorry

I must have misunderstood something.

I just wanted to make you aware of what might still come. Guess what has already been asked here.

Is that an abbreviation for Hanghaus in Bavaria? I'm curious about that. Such things interest me.
 

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