Execution planning first agreed upon - then excluded?

  • Erstellt am 2015-12-10 09:52:14

Jochen104

2015-12-17 10:37:00
  • #1
Maybe he just wanted to apologize to you and inform you that everything will be handled without extra costs for you. In any case, I also think that you could first listen to what he has to say. You don't have to agree to anything / sign anything. If necessary, you can also bring a witness to the conversation. If he says that you have to cover any additional costs, you can tell him that you would like to have that in writing including reasons so that your lawyer can review it.
 

Bauexperte

2015-12-17 11:15:13
  • #2
Hello,


At this point in time, that would be like using a sledgehammer to crack a nut.

I find it very regrettable that the OP declined the invitation to talk from his general contractor. People make mistakes – they are allowed to make mistakes, otherwise they don’t learn anything from them. As a consequence, the OP will no longer find out what he "might" have missed… the trust of the general contractor in his contractual partner, the OP, has probably also taken a severe hit.

Rhenish greetings
 

cumpa

2015-12-22 00:04:00
  • #3
Hello everyone.
Here is the response from the construction company, or rather the seller:

Dear Mrs.....and Mr........
Regarding execution planning: Here I stumbled into a linguistic trap. Colloquially and legally, these are unfortunately two different things.
What I meant was the internal working planning, which provides the basis for execution to the craftsmen (e.g. window rebate, ceiling recesses, etc.).
The addition "is included in the price" also suggests that there is a separate price for this – this is not the case, since this is (as mentioned) done internally by our employees as part of their normal planning activities. The working planning will also be made available to you as intended, since you have to sign it and in this working planning you can see in more detail how the construction will be carried out.
An execution planning in the legal sense would mean commissioning an external engineering firm with the corresponding costs, however without any benefit for the realization of your construction project. So if you insist on this kind of execution planning, we will not (be able to) accept the contract – and I believe that this is not what you want either.


Now we are considering how exactly to respond to this. The "internal" draftsman who is creating this execution planning/working planning for us informed us that it is being made in a scale of 1:75.
Is that sufficient for a detailed review?
My expert, who does not yet know about this response, only told me that he cannot conduct construction supervision/review with an approval plan (1:100).

What do you think? In what scale should the working planning be created?

P.S. I do not intend to insist on having the execution planning done by an external architect – as feared by the seller.
 

Bauexperte

2015-12-22 05:47:44
  • #4
Good morning,


Just out of interest – what training do the employees who create the working plans have?


So far there is no order confirmation?


Ask your expert what he considers an appropriate size; he also has to review the working plans.

Best regards from the Rhineland
 

cumpa

2015-12-22 08:37:03
  • #5
Hello construction expert. I do not know what training the employees have. The approval planning was done by an architect. There is a signed construction contract and a letter afterwards with the wording:

Acceptance of construction contract
Dear Ms...Dear Mr.....
....We are pleased that you have decided on this house and hereby accept your construction contract.
For the sake of order and completeness, we provide you with some additional information.
In particular, we have accepted:
...no execution plans will be created...


We assume that this is an order confirmation.
I believe the construction company only wants to avoid having the contract planning handled externally by me. Or the construction company does not want to release plans larger than 1:75, so that I or my expert cannot examine them precisely.
 

Voki1

2015-12-22 18:19:14
  • #6
You have made an offer to conclude a contract for work to the potential contractor. The contractor did not accept the offer unchanged, but made a modification (no execution planning). By transmitting the amended offer, the contractor has now made you an offer to conclude the contract for work. You can now reject, accept, or modify again and make an offer to the contractor. No contract has been concluded yet.
 

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