Exterior facilities not finished

Yes, you used the defect in the execution of the paving work to change your material on 14.06. of this year. To summarize the last posts. Edit: we are asking because you give imprecise answers.

I only changed the terrace slabs, everything else remained the same. Selected in July 2015. At that time, we did not even have an offer, not even for the previously selected terrace slabs.

I would honestly also approach the matter a bit more calmly - garden landscaping, for example, is also heavily weather-dependent - someone can also get sick or simply a mistake can happen in the planning.

Wait a minute... you didn’t have an offer for the paving work and the terrace work on 14.6. (to clearly mention both) and then you wonder why these things are not yet finished?

And if you didn’t have an offer, is it even part of the main contract or rather a kind of special request?

I'll try to summarize what I've read here. Let's see if I understood it correctly:

In 2015, you discussed/agreed with the developer which paving should be done. This paving of the sidewalks and the garage driveway was only partially carried out after 15.06.2016 (at your insistence). Actually, your terrace was supposed to be built by 15.06.2016 as well. However, this did not happen – you had not even received an offer for it by 14.06.2016. You used this opportunity to change the terrace slabs again. This change is cited by your developer as the reason why he could not deliver all his services (including the paving) on time (which he had not performed until one day before the deadline).

You now want compensation for the delay in the paving. You are consciously excluding the terrace from this claim. There are no contractual compensation payments stated for the client in case of delays.

Well – I can understand the frustration. However, you might be using a sledgehammer to crack a nut here – especially since the partial paving was carried out with a (in my view) acceptable delay and the rest will probably come within a foreseeable time. In my view, you also lack the basis for a claim, as nothing was contractually agreed to regarding this.

Moreover – the weather conditions this year have already been mentioned. Even if you write that the past weeks were not so bad for you, there surely was also a time this year when the weather did not allow work. Such days are usually excluded from claims contractually.

Talk to your developer and try to agree on prompt completion. In my opinion, a "head against the wall" approach doesn’t help here, but rather mutual willingness to come together.

Correct. By 15.06, the outdoor facilities should have been completed, as stated in the contract. This has not happened. As described, it is only about the fact that it should have been finished (40 sqm of paving work).

In recent months, it has not rained as much here as, for example, in BaWü. The Brocken kept away all the showers. We have not had a drought period, but the excuse that paving could not be done here due to the weather cannot be accepted.

As already described, paving was done first at our neighbors who have not yet moved in.. This makes the "acceptable" become unacceptable.