Delivery and Payment of Prefabricated House - What Is Accepted?

Hello everyone,

they are pressuring us to accept the construction even though some trades are not yet finished.

The acceptance is supposed to take place immediately after the installation of the screed, practically while it is still in the heating program.

However, tiling work, exterior plaster, and sanitary fixtures are still outstanding.

At the same time, now that our house is supposedly "ready for handover" (the above-mentioned trades as well as underfloor heating and screed are still missing as of today), we have received the last interim invoice and the final invoice is to be handed over with the house acceptance.

According to the site manager, a retention (e.g. 1,000 euros for the tiles) is to be agreed upon in the acceptance protocol for the outstanding trades. In any case, significantly less than the cost of the service to us.

Do I have to accept this? I do not want to make advance payments and certainly not accept something that is only partly completed.

What can I possibly rely on?

Thanks for your help.

quite simple:

your contract regulates that! It states when the final acceptance can take place, when the invoices can be issued, etc.

I assume your contract says something like "completion of essential components," "final acceptance cannot be refused due to non-essential defects," etc.

we are being pressured to accept the construction even though some trades are not yet finished.

I don't need to read any further... Acceptance after completion (partial acceptances of partial trades excluded)

Please don't agree to anything else.

Why should someone accept a house before completion?

I suspect your contract says something like "completion of essential components," "final acceptance cannot be refused due to non-essential defects," etc.

I have never built with a developer/construction taker/builder/prefabricated house builder, but it is clear that I can accept everything once it is completed and there is no further need for clarification regarding the partial trade.

For example, if the windows are installed, then I can check the windows and the installation and accept the whole thing.

The contract states:

1. After completion of the house, a formal acceptance will take place. The statutory provisions shall apply otherwise.

2. Partial acceptances are reserved.

The contract states:

1. After completion of the house, a formal acceptance takes place. The legal provisions otherwise apply.

2. Partial acceptances remain reserved.

Well then, act according to the contract. Full acceptance only with a complete house. Whether you accept partial trades is up to you.

Then the case is clear. "After completion" leaves absolutely no room for interpretation in my view. So don't let yourself get upset. Kindly refer to the paragraph in the contract and ask why the agreement in the contract is suddenly supposed to be violated?