Have the work contract checked by a professional

  • Erstellt am 2015-05-06 00:36:57

laemat

2015-05-07 12:15:48
  • #1


Because the assignment of house rights is equivalent to a waiver of the rights from Article 13 of the Basic Law. Why should I agree to this toughest of all restrictions on my property? What is the house right supposed to protect you from? The contract would then have to state that you grant the house right to every subcontractor. Otherwise, only the site manager would have it, and he is probably on the site much less often than I am as the client.

No idea where you see white mice there... I, as the client, definitely go in and out of my construction site, of course, I do not walk over fresh screed or underfloor heating...
 

Voki1

2015-05-07 12:44:20
  • #2


Oh shit!

In my opinion, one should keep a cool head here as well. The situation is absolutely unsuitable for a fundamental rights discussion.

The contractor is obliged to fulfill the contract for work insofar as he only receives remuneration if he delivers the promised success as stipulated in the contract. The problem is that the risk passes from the contractor to the client only upon acceptance of the work. In doing so, the contractor also bears the risk of (even unintentional) loss of the work.

At least the interference of quite a few builders frustrates the proper and timely execution of the project. This starts with the delivery of materials for self-performed work and leads to attempts to stop work by craftsmen directly at the construction site when the builder allegedly detects poor workmanship and "chases" the craftsmen off the premises.

At the same time, however, one should still secure a right of access to the construction site at all times. This extends up to the handover of the construction key. The right of access should be extended to persons accompanying the builder and to sole authorized access of experts.

Ouch, one can burden such a clause with problems through fundamental rights discussions that this clause simply does not have.
 

laemat

2015-05-07 13:29:29
  • #3
If I grant the client and the building inspector access at any time, why does the developer still need house rights?
If I, as the client, delay the construction through improper actions, there are relevant paragraphs in the building code; house rights won't help you at all.

I am aware that there are different kinds of clients, but to collectively deprive all clients of their rights just because as a developer you sometimes encounter a know-it-all?

Just as well, I could claim that every general contractor only wants my best interest, my money...

What can happen to me as a client with the assignment of house rights? After work, I stand in front of a locked construction site with blue foil on the windows...

P.S. Do flash ads also hinder you when posting? Every time the advertisement changes, keystrokes get lost...
 

Musketier

2015-05-07 13:50:21
  • #4
I don’t know if there are differences here between a contract for work and a building contractor contract, but with a contract for work I wouldn’t have given up my house rights on my property either. That would also make any kind of own work/outsourcing of orders until handover off-limits.

With the building contractor, the property doesn’t belong to me anyway, so I can’t give up anything.
 

Bauexperte

2015-05-07 14:24:40
  • #5
Voki - I'll just lean back and enjoy the afternoon coffee

Rhineland greetings
 

laemat

2015-05-07 14:24:50
  • #6
 

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