GU demands an unlimited guarantee from the builder

  • Erstellt am 2019-09-24 14:45:02

mirakuli

2019-09-24 14:45:02
  • #1
Hello everyone, we have signed a construction contract with Team Massivhaus. The contract agreement states that we have to provide an unlimited guarantee of 20% of the purchase price. If this is not possible, an alternative payment plan (progressive payment before completion of the trade) is offered. We definitely want to prevent this, because in the end no final payment of 5% is made, which could serve as security. Contrary to the assessment of our bank advisor, our financier does not offer a guarantee. Unfortunately, the builder's guarantee from R and V is also not an option, as it is limited to a maximum of 30 months and the developer insists on the unlimited guarantee. I am currently inquiring with our house bank and insurance broker. The financing bank has also created an assignment declaration for the general contractor, but this is also not desired. We would be very grateful for helpful comments or tips on where we can apply for such a guarantee. P.S. Yes, I know that this was not so great from the bank advisor, but unfortunately that does not help us now. We are now mainly interested in solving the problem. Best regards
 

nordanney

2019-09-24 15:14:58
  • #2
Permanent contracts are the big problem. We don't do that either. Of course, this means you are taking a high risk, as your general contractor can call the guarantee at any time and indefinitely. One solution could be a cash-backed guarantee from a commercial bank. But you certainly don't have the additional capital just lying around...
 

HilfeHilfe

2019-09-24 16:19:27
  • #3
No chance for permanent. So either cash or advance payment. The latter also carries risks and a bank must approve it. But such things are clarified beforehand or has nothing been signed yet?
 

Mottenhausen

2019-09-30 11:37:53
  • #4


The companies are getting more and more cheeky. You need to be clear about what that means.

If you were to accept the assignment of the partial payment, then better take the payment plan with advance payment instead, without a guarantee.

Assignment of the loan disbursement means nothing else than: the general contractor decides when the construction stage is reached and when he calls up the money. You then no longer even have a veto right. So even if the roof is only half finished, the general contractor can demand the payment of the roof installment directly from the bank. This basically comes down to the same as if you pay in advance. With the advantage that he does not have the guarantee.
 

Similar topics
26.09.2013What do you think of this payment plan?, Property appraisal18
08.12.2015Payment plan: paid too much at the beginning?11
26.02.2016Renegotiation of payment plan, please help25
01.08.2017Questions about the payment plan10
28.11.2016Payment plan / Guarantee remaining amount Acceptance20
22.03.2017Is a high first installment common in a payment plan?23
17.07.2017Payment plan okay - 13% after the floor slab?21
30.06.2018Construction contract - Uncertainty regarding payment schedule33
08.10.2020Is the general contractor payment plan acceptable? Thanks for tips68
30.09.2018Payment Plan for Prefabricated House - Reviews and Experiences Desired10
23.10.2018Payment plan single-family house via general contractor - surprised17
23.09.2019Payment plan set up strangely?18
05.06.2019GÜ insolvent - and now? (Payment plan etc.)23
29.11.2020Accept payment plan despite legal defects?12
07.05.2019Payment plan - unreliable? Your assessment11
07.12.2019Bank guarantee from the roofer due to defects in the roof16
02.02.2020Payment plan (Broker and Developer Regulation) and Developer's payment plan10
11.12.2020Payment plan and unpleasant feeling11
29.02.2024Payment plan - 5% retention not regulated11
11.07.2024Payment plan for shell construction - market-oriented?17

Oben