My expert/construction supervisor tells me that according to the new contract law the amount of the last installment must not be less than 10%. Therefore, my previous remark on this matter. The construction company may only demand a maximum of 90% of the sum as an installment payment according to the Building Code.
Quote:
From now on, only a maximum of 90 percent may be demanded as an installment payment. The remaining ten percent stays with the builders until the construction is actually free of defects and completed. And this is in addition to the completion security of five percent, which already exists under old law and is retained for the consumer construction contract.
Where is this in the law? The law is regulated in § 650m para. 1 of the Building Code. § 309 no. 15 of the Building Code ensures that installment payment plans specified by the contractor as General Terms and Conditions (GTC) are also measured against the standard of § 650m para. 1 of the Building Code. The Association of Private Builders as a qualified institution under the Injunction Act can, from 2018 onward, issue warnings regarding installment payment plans used as GTCs against private builders that provide for a final rate of less than ten percent and, if necessary, sue companies for injunction.
I assume that this does not concern a developer contract here, as it is regulated differently.