Delayed start of construction. Company is not responding

Hello, we have the following problem. Last summer we signed a contract with a solid house company. By the time everything with the building authority, planning, etc. was clarified, it was already the end of November. The building application was submitted on 02.12.2020, the positive decision came on 01.03.2021. The construction contract states that the company undertakes to start work within 8 weeks after the building permit is available, provided the client has demonstrably taken care of the construction road, construction electricity, construction water, and sidewalk crossing by then. We actually managed that within these 8 weeks. Now it is the case that the company with which we signed has subcontracted the construction to a partner company. That they can do that is stated in the construction contract. Now both companies are blaming each other and accusing each other of failures, which we as clients obviously cannot easily verify or prove. Communication without us constantly prompting basically does not take place. I am of course aware of the current situation in the building materials market, but I find it terrible that we are completely ignored, emails are not answered. Only phone calls, as oral statements of course do not count. A friend of mine who works as a construction consultant is already taking care but also receives no statements. We are about to involve a lawyer..... but are somewhat cautious because we fear this could "poison" the construction if it ever starts. Do you have any advice?

The start of construction is important. More important is the completion. Do you have a deadline for that? With a contractual penalty?

It is already good that you have a construction advisor. Switch from email to registered mail. Your contact person is your contractual partner, not their commissioned company.

In my opinion, a lawyer is only necessary in case of serious botching.

What does the contract say about default? If there is no penalty, I am pessimistic. You say they are shifting blame. What arguments are there?

A contractual penalty is agreed upon, but only starting 12 months after the start of construction. We actually wanted to try to clarify now that the start of construction should have already taken place or that the company/companies are responsible for the delay. It seems that our contractual partner did not forward or prepare all documents on time. Of course, they claim that they did; the executing company says they only received everything 14 days ago and cannot give us a date now. However, I do not think that either party will voluntarily make the email or postal correspondence accessible, as then the facts would be clear. I fear this can only be achieved by a lawyer.

You couldn't care less. You have concluded a contract with a company. You draft a letter in which you list the deadlines you have met and describe the actual start of construction. Then a sentence in which you state who the contracting party is. Additionally, you point out as a precaution that according to point x of the contract dated y, a penalty is stipulated, which you will also enforce.

… and all this with formal but accomodating deadlines. It’s all annoying, but delays, for whatever reason, must definitely be fundamentally expected in house construction. If there are no delays, then you are lucky, but belong to the rarer group.