Execution planning first agreed upon - then excluded?

  • Erstellt am 2015-12-10 09:52:14

cumpa

2015-12-10 09:52:14
  • #1
Good day to all forum readers and specialists. I have a small problem that I hope will be resolved soon. I have signed a construction contract with the accompaniment of an expert. It was agreed that the execution planning is included. (We are building on our own property with a general contractor and the building application was submitted two weeks ago). In the contract, the text reads: "The contractor prepares an execution planning for internal quality assurance. This is included in the price." Now we have received an acknowledgement of receipt of the construction contract by registered mail with the wording: "No execution planning will be prepared." Our expert is on vacation and I initially asked the seller of our house for clarification by email this morning. I am curious about the answer. I can only explain it to myself that an execution planning does indeed take place, but is not handed over to me. Or is this usually different? I hope to receive tips and answers here.
 

Bauexperte

2015-12-10 10:39:07
  • #2
Hello,


If you are not building with an architect - which you are not - the execution planning is almost always included in the price; when building a house through an architect, it is invoiced separately.


It's unfortunate that your expert did not complain about this wording _before_ signing the contract?! Expert via evening school?

The execution plans are usually prepared in a final plan meeting (some call it an architect meeting) after submission of the permit-free building approval and before the start of construction and must be signed and thus approved by the client (i.e. you).


This enters the realm of legal advice, so I have to be careful how and what I answer. Obviously, the order confirmation (OC) differs from the contract. You must object to this fact; regardless of whether it was formulated inadvertently or intentionally. Phone calls are hardly provable!


The contract and OC contradict each other, I wouldn’t be so sure about that; especially since you have to approve the execution plans first.


An execution plan is needed for every construction project; otherwise, how should the tradespeople know what to do and where?

Rhenish greetings
 

cumpa

2015-12-16 23:30:55
  • #3
Hello construction expert. I am building with a general contractor. What is wrong with the text "Ausführungsplanung ist zur internen Qualitätssicherung enthalten"? My expert (from Bauherren-Schutzbund) recommended that the execution planning should be included in the contract. The house building company invited me to a personal meeting to "clarify" this "disputed" point. I initially declined the meeting and first objected in writing by registered mail. I am curious what will come next. The salesperson only told me that he made a mistake formulating that sentence or putting it into the contract. His supervisor (owner of the house building company) could explain that to me. He also verbally confirmed to me that without the working plan, the house cannot be built, and I have to approve it with my signature.
 

Bauexperte

2015-12-17 00:17:17
  • #4
Good evening,


The execution plans belong in the hands of the craftsmen; that is what is wrong with it.


Why? Speaking people can be helped

Rhineland regards
 

cumpa

2015-12-17 00:30:42
  • #5
Hello construction expert. Of course, I could have listened to what he has to say. However, I prefer it in writing. Depending on what he writes, I can then either contact my expert or my lawyer with the appropriate response. So far, I have no clue what they want to clarify with me or why the seller is supposed to have made the mistake of including the execution planning as "inclusive" in the contract. I have at most a suspicion: that the company wants to build to a scale of 1:100 instead of 1:50.
 

naturwalk

2015-12-17 02:03:17
  • #6
The execution planning, or detailed planning, is a significant architectural service. It is described in the HOAI. (Not to be confused with workshop planning). I am not allowed to answer legal questions (contract law). I already recommend involving a construction lawyer at this stage. If such fundamental discrepancies occur at this point, what will come next?
 

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