Help with construction contract

  • Erstellt am 2017-06-09 09:11:47

TheTank

2017-06-09 09:11:47
  • #1
Hello.
My construction contract was agreed upon based on the Construction Code. The amount x was fixed in the contract as a lump sum price, which is considered a fixed price.
Now I have the following clause in the contract: "The lump sum price further assumes that the framework conditions for structural engineering and civil engineering works included in the scope of services have been taken as a basis. Insofar as the actual scope of services for structurally necessary work and/or the quantity of excavation deviates from the scope in the scope of services, the contractor is entitled to reasonable additional remuneration from the client."

Now it is the case that more cubic meters of gravel were needed for the civil engineering than was estimated in the scope of services. I have now received an additional agreement that I am supposed to sign, in which the additional gravel will be charged to me.
Furthermore, a new calculation of the statics has shown, without changing the floor plan, that more steel supports than agreed are now necessary. I assume that I also have to pay for this due to this clause.

I have done some research and found out that in the case of a lump sum (fixed) price, the contractor has to bear the costs for additional effort, even if it deviates from the scope of services.

I would be grateful for your advice.
 

77.willo

2017-06-09 09:16:33
  • #2
Why shouldn’t what you signed in the contract apply - namely that the fixed price is not flat-rate like that?
 

Musketier

2017-06-09 09:27:05
  • #3
Exactly for this reason, there is repeatedly the note that enough reserves should be available for additional expenses in case of unfavorable ground conditions. If this is not needed, then it can certainly still be used in the additional sample selection or for making the first special repayment.
 

sven.conzi

2017-06-09 09:33:54
  • #4
Is there a soil survey report that was available to the construction company before accepting the contract? Otherwise, I also see it that way: if the contract was signed with this clause, then it is binding for both parties.
 

bierkuh83

2017-06-09 09:34:48
  • #5
What do the underlying conditions look like?
Was the additional effort reported by the contractor before execution and confirmed by you?
 

Lumpi_LE

2017-06-09 09:35:48
  • #6
That's actually not quite legal. Whether he needs 5 or 50 supports, fills a puddle with gravel, or is a quarry is his problem. The risk lies with the contractor here.

But in the end, what do you want to do... if you don't pay, he simply won't continue building, and you certainly don't want a legal dispute.
 

Similar topics
16.06.2011Conclude a construction contract under reservation?10
13.09.2012Feeling pressured into a contract, is that normal?17
29.09.2011Is construction pre-planning without signature / contract legally valid?12
22.09.2012Who else fell for a contract with a reservation clause? - Search13
30.07.2021DHI Planning and Living St. Wendel190
16.05.2015Contract unclear: humus earth collectors10
23.08.2015Construction financing with a fixed-term contract13
04.07.2016Building without a contract - Concerns?39
10.09.2016Construction financing and contract with the developer24
28.09.2016Question about early repayment and clause in the contract41
28.05.2017Plundering the Riester contract - for less need for credit?16
16.08.2018Civil engineering works without a contract - normal, experiences?10
04.01.2022Architect, contract according to HOAI 2013 - refuses to provide service36
06.06.2019Completion date in General Contractor Agreement - Wording assistance62
05.08.2020Contract for land purchase - obligation to build within 2.5 years18
26.04.2021Turnkey fixed price during Corona or cost increase?43
09.05.2021Price adjustment clause in the contract with the general contractor18
09.07.2021First alleged fixed price and now additional costs - legal?79
05.03.2023Building in existing structures - Subsequent additional costs despite a fixed price57

Oben