Is the payment plan okay?

  • Erstellt am 2020-02-14 08:32:06

bierkuh83

2020-02-16 11:37:44
  • #1
You can withhold 5% at the beginning as security (see Baugesetzbuch Sicherheitseinbehalt bei Werkverträgen). It is included in the 8%.. you keep it until completion. then it is just okay...
 

Mephisto23

2020-02-19 08:04:51
  • #2
As expected by Pamiko, things turned out differently than anticipated. Now fewer payment steps have been agreed upon. I have to be honest and say that because I have already waited a very long time to sign, I finally wanted to sign now. However, I generally have a good feeling about the company. Maybe you could still say what you think about the current payment steps. And would it still be possible to withhold the security retention?

3% after the start of demolition
14% after completion of the foundation
20% after completion of the floor masonry
20% after setting up the roof structure
15% after completion of the shell construction
15% after rough installation
10% after completion of glazing and interior plaster
3% after completion of screed and tiling work

The 3% after completion of screed and tiling work is to be considered as the payment step for defect-free completion and acceptance.
 

bierkuh83

2020-02-19 19:40:57
  • #3
He is even worse than the first one... now you have already paid 67% after completion of the shell... before it was 53%... sorry, but this is really bad now.. did you previously make use of the services of a specialist lawyer for construction law to get advice regarding any further unfavorable clauses? Did you also consult a construction expert to get advice regarding the construction service description? If not. Good luck.
 

Andre77

2020-02-19 20:24:59
  • #4
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.
 

Vicky Pedia

2020-02-20 00:44:03
  • #5
In general, the payment schedule is not so bad! Unfortunately, I have some confusion about the terms. For example, the shell construction before the roof truss? What about retention after acceptance (at least 5%)?
 

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