So..... once again for everyone:
1. Seller sends offer (including execution planning)
2. We agree and confirm the offer by email
3. Seller sends contract for review by email
4. Seller meets with us to sign the contract (including execution planning in the contract text)
5. Signature by both contracting parties takes place and a signed copy of the contract is taken away.
6. Within 2 weeks we receive the approval planning including all documents for submission to the building authority.
7. One week later we receive the confirmation of receipt from the building authority.
8. One week later (i.e. approx. 3-4 weeks after signing the construction contract) the acceptance of the contract comes with the wording:
Acceptance of construction contract
Dear Mrs... Dear Mr.....
....We are pleased that you have decided on this house and hereby accept your construction contract.
For order and completeness, we give you some additional information.
In particular, we have accepted:
...no execution planning will be created...
9. Two days later we object to this letter in writing by registered mail referring to the signed work contract.
10. One week later - Here is the answer from the construction company or the seller:
[I]Dear Mrs..... and Mr.........
Regarding execution planning: Here I have fallen into a linguistic trap. Colloquially and legally, these are unfortunately two different things.
What I meant was the internal work planning which provides the basis for execution for 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, as this is (as said) done internally by our
employees as part of their normal planning activities. The work planning will also be provided to you as intended, because you
have to sign it and can see in this work planning in more detail how the construction will be carried out.
An execution planning in the legal sense would mean commissioning an external engineering office with the corresponding costs,
but without any benefit for the realization of your construction project. So if you insist on this type of execution planning, we will not (be able to) accept the
work contract – and I believe this is not what you want either.[/I]
[I]In my legal understanding, a work contract signed by BOTH parties is binding.
Where would we be if we first let someone sign (after months of negotiation) and then only accept the contract with changes...
But I am also open to being proven otherwise.....[/I]
[I]Thanks for your previous statements.....[/I]