Fixed price guarantee 12M at risk due to capacity - experiences after lawsuit?

  • Erstellt am 2021-08-06 15:36:47

hampshire

2021-08-08 11:00:01
  • #1
I think the discussion is currently drifting into opposition. Not good if you want to build a house together. I would address the issue of price fixing and price development very openly. It may well be that the construction partner has a very vital interest in exceeding the price fixing limit and very good levers to achieve this goal. If that is the case, a conversation about a solution to this dilemma could accelerate the entire process.
 

Reltaw2021

2021-08-08 11:15:00
  • #2
Yes, of course! That’s how I understood it too. Cooperation and positive reinforcement bring the greatest benefit for all parties. But especially when it comes to deadlines, decisions must be made quickly. And if the "decision to have a conversation" does not lead to a tolerable outcome in the slightest, it saves time to have the next, second step prepared already. And again, the consequences of THAT. That’s why I also asked my initial question in this thread. Step 1 "Cooperation" is so obvious that I don’t need a thread for it.
 

11ant

2021-08-08 12:27:26
  • #3

Informal, immediate, futile. I see the child having fallen into the well exactly at this point, meaning you should have calculated the worst-case scenario of construction delay from the outset :-(

Then you should urgently take a look at insolvency announcements and educate yourself.
 

hampshire

2021-08-08 18:31:26
  • #4




It is about accelerating. I probably should have added that such a conversation should not end without results. Holding conversations without a concrete goal and outcome is indeed tedious. Preparing Plan B is of course part of it, and due to time pressure it is better to be precise than to rely on experiences that are not reliably comparable.
 

Traumfaenger

2021-08-09 22:34:58
  • #5

Unfortunately, that's how it is... if something is "not enforceable" with a construction company, then probably precisely because it is an effective instrument against the construction company. Note, similar to insurance: if they don’t want to insure something, then you have a REAL risk. Everything else they do insure can’t be that bad ;-)


Unfortunately, I see it the same way and at this early stage of the construction no leverage. Later on, one could, with a lawyer, unilaterally declare acceptance under reservation of defects and set a deadline for completion of the missing work. But you are obviously still very far at the beginning of the construction project.
 

Reltaw2021

2021-08-09 23:46:49
  • #6
It's probably not that simple. The new law on consumer construction contracts from 2018 expects the company to commit to a delivery within a reasonable time. The contract must also address this. I wanted to inquire with this thread to what extent this is enforceable and whether there are any precedent cases. Meanwhile, the company has unexpectedly conceded. If there is still a legal dispute due to the company's delayed planning, I would report on it here if there is interest. Thank you for your participation!
 
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