General contractor refuses to continue construction - How to proceed against it?

Hello everyone,

when creating the base slab, the subcontractor made a mistake. The slab and the foundation were made too short. As a result, we imposed a construction stoppage until the matter was clarified. In the meantime, the engineering firm made a proposal on how the problem could be resolved (extension of the base slab, etc.). The general contractor additionally extended the warranty for the problem areas. This is limited to demolition and settlement of the base slab.

We had the proposal from the structural engineer reviewed by an expert. He classified the measures as harmless. Subsequently, we issued a construction release.

Now we have received a letter from the general contractor. We are supposed to sign an agreement stating that the service is free of defects and contractually accepted (perhaps still acceptable to some extent).

Furthermore, no claims are to be asserted (in particular not for damages reduction, claims arising from delay, etc.) We do not find this acceptable. Our opinion is that we have the right to claim damages, which is regulated by law. So the general contractor cannot simply say that we will not continue construction if he does not agree.

Nothing has been done at the construction site for a month. We assume that the handover deadline will not be met because of this. If we were to sign the agreement, we could not claim damages (rental costs, etc.).

What do you think is the correct procedure in this case? Can the general contractor simply refuse to continue construction because we might claim damages?

Thank you.

A building stop can only be imposed by the municipality, just like a building permit.

Nothing has been done at the construction site for a month. We assume that because of this the handover deadline will not be met. If we were to sign the agreement, we could not claim any damages (rental costs, etc.).

What do you think? You yourselves commissioned the delay, and now you don't want to take responsibility for it?

We do not find this acceptable. Our opinion is that we have the right to claim damages, which is legally regulated.

Based on what now?

What do you think? You commissioned the delay yourself, and now you don't want to take responsibility for it?

I did not tell everything about how it happened. The shell builder started making improvements on his own initiative. The general contractor was not informed at all! The general contractor learned from us that the base slab was too short. In my opinion, the shell builder acted with gross negligence. The engineering office only prepared a structural report three weeks after becoming aware of the situation. After that, the general contractor set a deadline to issue the approval. We gave the approval 11 days later, and those 11 days are added at the end.

What for now

Taking over rental costs, for example, if the construction takes longer than agreed. If we sign the agreement, we most likely have no right to pass on these costs.

Consult a specialist lawyer and do not try to find a solution here. The issue is too sensitive not to be handled professionally.

What do you have written in the contract regarding compensation for damages in case of delay

I think you need a lawyer for this case. Whether you should bring out the big stick now over 11 days and thus peanuts, I would also discuss with the lawyer.