Exceeding the construction time, contractual penalty

  • Erstellt am 2019-11-23 19:53:36

ypg

2019-11-24 12:12:26
  • #1
So you handed over everything, I understand. Then the contracts should be checked. It is always difficult to deal with intermediaries or proxies. Especially with liability, it is usually unclear who can be held accountable. And sorry, it read as if you have been living there for 2 years already and now want to get some money.
 

Hexe3000

2019-11-24 12:29:21
  • #2
For God's sake. If a service has been rendered, it will be paid without any ifs or buts. We will neither harm the craftsmen nor our agents. But a little attention is allowed. Thank you again for the assistance.
 

Dr Hix

2019-11-24 12:43:44
  • #3


You really have to let that sink in. An engineering firm calls for scaffolding for the installation of ETICS, and then it isn’t set up with the necessary clearance?! The correct spacing is basically the only requirement in this case.

How could this huge delay have come about? Was it only discovered by the facade installer, and did the scaffolding company take 4 weeks?
 

hampshire

2019-11-24 13:48:13
  • #4
It is not possible to assess the penalty regulation from here without seeing the contract. For example, it is completely unclear whether causality for the delay is even important for a claim settlement - as long as it is not a case of force majeure. Furthermore, it is probably irrelevant whether a company commissioned by the contracting party made a mistake or not. The contracting party can resolve that internally, but must stand by the contract. Of course, this cannot be judged without the contract text. I get the impression that you want to resolve this straightforwardly and without tricks. I think that is good. After all, you have received a mandate from a community to oversee the common funds as an auditor. Examining the delay regulation is naturally part of your duties in representing the community. I would ask an independent expert.
 

Hexe3000

2019-11-24 15:37:42
  • #5
Thank you very much. You have already helped me. My conclusion: I will inform the property management of my position and ask them to carefully review the final invoices. At the next owners' meeting, I will present the case. Maybe someone there knows more than I do. But one of my questions got a bit overlooked. However, I would like to raise it in a separate topic and would appreciate your comments.
 
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