House construction company/legal required changes to the building contract

  • Erstellt am 2016-08-06 11:10:11

Susannchen88

2016-08-07 08:48:34
  • #1
This concerns the company Stadt & Land. I do in fact already have a plot of land and will now also definitely take a look at other companies. I just suspect that all such homebuilding companies have devised contractual frameworks that quietly shift the negative aspects onto the shoulders of the builder. The crowning point is that prices there will increase from August 15th. The house seller told me that I can simply sign the construction contract "just like that" without having a concrete intention to build with them. This would supposedly only secure the house price for a whole year, and if I then did not want to build with them, the contract would simply be destroyed. But if I look at the conditions clearly stated in this contract regarding withdrawal, it would be madness to sign something "just like that" and then trust that the contract will be destroyed.

I find this statement really particularly worrying.

The statement about the construction period is also very vague:

"3. Due to the increased order backlog, the contractor will begin the construction measure 30 working days (working days are Monday to Friday) after submission of all the following prerequisites for the start of construction. Prerequisites for the start of construction are:
a) Submission of the building permit
b) Submission of the inspected structural engineering proofs by the building supervisory authority, the structural engineering inspection office, or recognized inspecting engineers in the federal states where inspection of the structural engineering proofs is required
c) Full payment of the amounts accrued according to the payment schedule to date
d) Provision of construction water and construction electricity at the construction site
e) Completion of sufficiently load-bearing access roads to the construction project according to § 10 if required
f) Completion of the construction fence according to § 10 if the authority demands this
g) Submission of the guarantee according to § 2b
h) Surveying of a batter board by a surveyor
i) Submission of a residential building insurance policy with integrated fire shell insurance
All prerequisites for the start of construction listed under § 3 No. 3 must be provided by the client.
4. The construction/execution period is six months from the contractually agreed start of construction. The drying times of the wall and floor structures to be observed additionally for painting, wallpapering, and floor covering work are not included in the construction/execution period.
5. The execution period shall be extended in case of construction delays; in the event of construction interruptions, an adequate planning period must also be considered. Construction delays are:
Page 5
a) delays due to force majeure,
b) bad weather days according to the calculation method of the German Weather Service, on which, due to the respective construction status and weather conditions, work on the construction site is deemed unreasonable,
c) days of delay in receipt of installments by the contractor, as far as the delay is not due to refusal of performance and/or withholding rights by the client,
d) delays due to other circumstances unavoidable by the contractor, in particular delays by the building permit authority and other public bodies which the contractor normally could not have anticipated at the time of contract conclusion and for which the contractor is not responsible,
e) delays caused by change/special requests of the client.
f) delays that are not within the responsibility of the contractor."

So I will think very carefully about building with this company...

Best regards and have a nice Sunday
 

Legurit

2016-08-07 08:54:39
  • #2
Our BU didn't have the most sophisticated contract, but its interpretation was more than fair. Healthy mistrust, legal review, and tempered expectations are certainly advisable, but that doesn't mean the whole industry consists of crooks.
 

ONeill

2016-08-07 08:58:44
  • #3
Our BU, also a prefabricated house provider, naturally had a standard contract. I had this reviewed by a lawyer, of course, and there were not many points to criticize. The open points were then included as an additional annex to the contract.

So there are also providers who do not reject changes to the contract per se.

Just keep looking. You should be very sure about your partner. And such statements regarding the contract, which can simply be signed, are just very concerning and should immediately prompt you to remove the BU from the selection.
 

Susannchen88

2016-08-07 09:01:30
  • #4
Yes, you are absolutely right. May I ask who you are building with?
 

Masipulami

2016-08-07 09:29:24
  • #5
At the latest at the "Bitte hier unterschreiben. Preis ist nur gültig bis 15.08." I would have stood up and left.

If you already have a bad feeling now, better leave it. There are more than enough providers.

By the way, our general contractor made the contract changes we wanted (mostly minor things) without complaining.
 

Susannchen88

2016-08-07 10:04:14
  • #6
Thank you very much for your comments. Could you please name the construction contractors who have accepted changes in the contracts, so that I can take a look at them?

Thank you very much in advance,

Susannchen
 

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