House Construction Contract - Is the clause unlawful or not?

Here, as everywhere btw., applies: "The bread I eat, the song I sing"

If you agree with this insurance, then you must be aware that the expert is primarily obliged to his client – the insurance company – while the expert you commission is solely obliged to you.

Maybe you can find a compromise such that the insurance obliges your expert? Either way, you have to pay.

Rhenish greetings

Hello Bauexperte,

thank you very much for the answer. It helps me further.
Regarding the quoted part, one more question:

I think you mean with the statement the "assessment" within the warranty period. Because if something is determined/confirmed there, the insurance must cover the costs for damage repair.
However, I think that this is exactly the reason why the expert will look especially closely during the construction phase. Because if he prevents errors from the start / has errors corrected during the construction phase, no potential claims will arise for the insurance during the warranty period (5 years).
Am I overlooking something here? Or am I too naïve?

Regardless of that, I have asked my insurance broker whether he can also offer this type of insurance for the construction company (possibly cheaper / with more benefits). He is also supposed to find out how often the insurance would send out the expert (1 x / 5 x / 7 x).

Hello,

You mean by the statement, I think, the "inspection" within the warranty period. Because if something is detected/confirmed there, the insurance must cover the costs of damage repair.

Yes.

However, I think that this is precisely the reason why the expert will look particularly closely during the construction phase. Because if he prevents errors from the outset / has errors corrected in the development phase, no potential claims will arise for the insurance during the warranty period (5 years). Am I overlooking something here? Or am I too naive?

I assume that he looks very carefully; that is not my issue. Over the years, I have learned that - when it comes down to the wire - SVe always feel obligated to their client. Which only means that the final solution is not necessarily the most customer-friendly/cheapest one, provided – and only then – there are problems with a trade.

Regardless, I asked my insurance broker to what extent he can also offer this type of insurance for the construction company (possibly cheaper / with more services). He is also supposed to inquire how often the insurance would send out the expert (1x / 5x / 7x).

5x is enough; always before something is poured, plastered, and later rework is no longer possible. For example, before the foundation slab is poured or the screed is laid in the house. Everything else – e.g., an inward-opening interior door installed the wrong way or similar – can always be arranged.

Best regards from the Rhineland

I assume that he looks particularly carefully; that is also not my topic. Over the years I have learned that – when push comes to shove – SVe always feel obligated to their client. Which only means that there is not necessarily the most customer-friendly/-cost-effective solution in the end, provided – and only then – there are problems with a trade. 5x is enough; always before something is poured, plastered, and later rework is no longer possible. For example, before the foundation slab is poured or the screed is laid in the house. Everything else – e.g. an inward-opening door installed the wrong way or similar – can always be fixed.

Let’s see if I can put the expert from TÜV Rheinland (they are the ones the insurance would fall back on) into a conflict of conscience. According to information, the construction supervision at EHV with foundation slab foresees 3 visits. At EHV with basement 4 visits (possibly the project is classified as a basement project due to the one-sided construction into the slope). Regardless of that, we want the construction supervision to include 5 visits (see your recommendation). So we will ask the responsible expert from TÜV Rheinland to what extent we can increase to 5 visits with him. That is, 2 clients

Hello,

Regardless, we want the construction supervision to include 5 visits (see your recommendation). So we will ask the responsible expert from TÜV Rheinland whether we can increase to 5 visits with him. i.e. 2 clients

I can hardly imagine that working. Either two clients for all 5 phases via shared costs for the insurance. Then you have to make sure that you are also mentioned as the client. Or two separate contracts.

Imagine you award financing to 2 partners - one is solely responsible for the interest, the other solely for the principal amount; that would never work in life...

Rhenish regards