Fixed price commitment - price increase after expiration?

Hello,

we signed the contract for our house at the end of December 2017 and sent it for review; it is valid from 15.2.2018. According to the contract, the price fixation applies until 30.9.2018, provided that construction begins by then. Due to delays, unfortunately, we cannot start this year anymore, and in November I received a price increase, which is calculated based on a statistical construction price index. For this, the increase from Q3 2018 to Q1 2018 was used as a factor. I wonder, can the price increase be calculated for this price fixation period at all, or only for the period after 30.9.2018? Maybe some of you have experience with this.

Thank you very much in advance.

I have now received a price increase in November, which is calculated based on a statistical construction price index. For this, the increase from Q3 2018 to Q1 2018 was used as a factor. I wonder, can the price increase be calculated for this period of price fixation at all, or only for the period after September 30, 2018?

Well, what does your contract say? How is a price increase defined there?

However, I find it logical that the contractor gives you an offer on 02/15 with prices as of 02/15 and you now have to bear the price increase from 02/15 until today. Unless the contract says otherwise. Otherwise, he can also give you a price increase that he considers justified. You would then have to bear it, regardless of any date.

Well, what does your contract for work say? How is a price increase defined there?

However, I find it logical that the contractor gives you an offer on 02/15 with prices from 02/15 and that you now have to bear the price increase from 02/15 until today. Unless the contract says otherwise. Otherwise, he can also give you a price increase that he considers justified. You would then have to bear it, regardless of any date.

The price increase is defined in the contract for work according to this statistical construction price index, but not for which period it is to be applied.

It would be logical if I had to pay the price increase from 09/30/2018 until the start of construction, since that is the period in which I am outside the price commitment. If I had started building on 09/30/2018, I would not have paid an increase for the period before that, so why should I now pay the increase for the time before?

Logically, I would have to pay the price increase from 30.9.2018 until the start of construction, because that is the period in which I am outside the price commitment. If I had started building on 30.9.2018, I would not have paid any increase for the period before that; why should I now pay the increase for the time before then?

Is that necessarily the logical point of view? I don't think so; price commitment simply means that one binds to the price within this period. After that, it no longer applies, but rather the "valid" price level at that time is applied. If construction had started within the period, the price would have remained as is. Now it is adjusted for this period as well, which, painful as it may be, is the logical implementation from my perspective. At the end of the price commitment, the price applicable at the then current time is applied, and in this case, it is determined by applying the construction price index that results over the elapsed period.

Is that necessarily the logical perspective? I don't think so, price fixation simply means that he commits to the price within this period. After that, not anymore, but then it increases to the basically "valid" price level. If the construction had started within the period, the price would have remained the same. Now it is also adjusted for this period, which is, even if it hurts, the logical implementation from my point of view. At the end of the price fixation, the price applicable at that current time is set, and in this case, it is determined by applying the construction price index that results over the elapsed period.

Ok, I can still follow that, but then I now also expect a price fixation for the next X months, just as I had a price fixation back then.

Ok, I could still understand that, but then I now also expect a price guarantee for the next X months, just as I had a price guarantee back then.

On what basis? According to the contract, the price was fixed for the specified price period, after which it is newly determined or adjusted based on the index. However, this probably will not happen precisely by the day. But certainly, the price will be adjusted again if it takes several more months before construction begins. You will need to discuss the specifics with your house seller, that is, how long they guarantee the current price for you.

If the start of construction is still significantly delayed on your part, they will certainly adjust it again. Which, viewed neutrally, is understandable.