From when is the developer considered to be in delay for a prefabricated house?

Hello everyone,

we are currently annoyed with our house builder. We signed the construction contract back in October. At that time, it was said: From the removal of the reservation, 12 months until house delivery.
We also removed the reservation in November 2016 because we had found the suitable plot of land.

Mathematically, house delivery would have been planned for November 2017. On the customer platform, we were given a delivery date in December 2017/January 2018. According to our customer advisor, this was a "worst case scenario." The dates were supposed to be updated anew upon reaching each milestone, and usually, the delivery date moves forward.

Unfortunately, the company procrastinated at every turn. We received the preliminary drafts two months later than promised. The building application came 3 months later than average. According to the current date in the customer portal, we have a delivery date at the end of February 2018 – and we fear this will be pushed back even further.

In the official letter, it said back then:

We are pleased that we can now include your xxxxx in our delivery schedule. For your construction project, we could schedule a start date in December 2017 / January 2018.

It also states:
Please note that the start date can only be met if all requirements according to § 11 of the construction contract are fulfilled in time.

I can say that we submitted all necessary documents on time – therefore, there are no delays on the part of the client.

Unfortunately, there is a second clause:

Please note that it may become necessary during further processing to adjust the delivery date. In this case, we will contact you and discuss everything further.

Compared to the promised delivery date at signing up to the current date, we already have a delay of 3 months. We are well aware that delays can happen, but there are real costs behind this time delay, which naturally also affect our capital.

Has anyone had experience in this area and can possibly provide assistance? What could one demand as "compensation"? Or is one at a disadvantage and better off keeping quiet?

I think the second passage grants the provider corresponding possibilities to postpone the appointment. However, to make well-founded statements, one would have to be able to read the entire text in context. If you specifically want to take action against it, only a lawyer will help anyway. P.S.: If you have a company built on your property, that is NOT a developer. Only if you acquire the house and the property as a package is it considered so. This is quite significant.

Has anyone had experience in this area and can possibly provide assistance? What could one demand as "compensation"? Or is one at a disadvantage and better off "keeping quiet"?

Nobody falls into default by themselves. You have to put your house provider in default! In my opinion, this can only be done after the contractual deadline has passed (possibly if it is foreseeable beforehand that nothing will happen ...). I would not keep quiet; otherwise, you will never get a house. I would respond briefly and concisely to status updates from the prefabricated house provider ("we are pleased to inform you of the delivery date ...") in the sense of "... still expect timely installation on ... according to our contract dated ...". If the contractually agreed date passes, send a reminder: demand installation within 4 weeks, otherwise default. Then you can assert damages for default. Have yourself advised by a specialist lawyer for construction law and get a few text modules (costs 300 to 500 euros +/- 50%)!

At that time it was said: From the removal of the reservation 12 months until handover of the house.

Was that only said verbally, or is it also contractually recorded?