Is the price increase for the general contractor after signing due to raw material shortages lawful?

  • Erstellt am 2021-05-10 11:57:01

hanghaus2000

2021-05-10 17:01:35
  • #1
I don't understand that. I can reject any additional work, review change requests and refuse their payment until everything is verifiable. You will be surprised what is possible. But only those who have learned how this works know that.
 

Myrna_Loy

2021-05-10 17:03:50
  • #2
Let's put it this way, you don't even have to show up anymore to wear down the builders. A reference to unavailable materials or unavailable machines or skilled workers can delay any construction by months. Whoever complains has to wait their turn. And construction processes are no fun at all. Even if we as a company are in the right and there are verifiable damages/defects etc., our lawyers always try to find compromises to avoid lawsuits. And that in a large, otherwise very litigation-prone company. Evidence is always hard to provide and experts cost money, so every compromise is cheaper as long as the house is finished in the end.
 

Myrna_Loy

2021-05-10 17:07:11
  • #3
Yes, I am amazed daily at what is not possible in the construction industry despite crystal-clear situations and timely, correctly formulated demands. Our department experiences at least one concussion a week out of disbelief. And unlike ten years ago, people now smile through the phone because they don’t want to look for a new refrigeration, dry construction or installation company given the market situation. Friendliness and accommodation also have the advantage that you are not left stranded in an emergency, changes are not always immediately booked as invoices, and you are warned of potentially costly planning errors. Playing hardball backfires faster in craftsmanship than a sack of cement.
 

SamSamSam

2021-05-10 18:42:57
  • #4

It was meant that with additional work, like for example 10cm more excavation for the foundation slab, I can't compare whether he is now offering this to me at a more expensive price, because I only have the agreed excavation as a package price and the excavation is not separately specified there. Of course, he can't charge rocket prices now, but whether he adds 20% I can't comprehend at all.
 

Joedreck

2021-05-10 19:33:06
  • #5
I've already written this elsewhere: my lecturer in administrative law (specialized lawyer for construction law) always said that the opposing party will be sued into bankruptcy if in doubt. And that is 99% of the time the builder. The last person who relied on a fixed price here was , and we almost all know how well that went. And even if it doesn’t go in such a direction, as has often been written, first the other construction site is taken care of. Then a bit to the "troublemaker", then mostly the other construction site again. In a conversation, I would also first try to gauge what kind of people I'm dealing with. I would also ask where this is regulated in the contract and play dumb. From that position, you can still take either direction. In this case, it’s a simple risk analysis.
 

apokolok

2021-05-10 20:12:08
  • #6
Well, you can summarize: The construction industry is a shitty industry in which obviously mostly idiots work. I mean, here in the country it is sometimes regulated down to the exact day who has to sweep the stairwell, where which dog is allowed to poop and where not. But in the construction industry, contracts simply have more of an orientation character. If it doesn't suit the gang, they just won't come anymore, sue you until doomsday, or just declare insolvency.

If I were , I would clearly tell the good gentleman GU that it's his entrepreneurial risk and a contractual adjustment is not foreseen. Period, end of story. I mean, where does it start and where does it end? There have been fluctuations in the building materials market since building began. Sometimes even with bigger outliers.

How about the other way around?
has to work short-time due to Corona, now the payment is tight. Yes, the GU should kindly just adjust his prices downward accordingly. It's exactly the same, just ridiculous.

If the guy were an honest businessman, he would chalk it up to personal bad luck and be done. Strictly speaking, if the personal situation allowed somehow, I would even slam the contract in his face and tell him to build with another fool.
Yes, he will surely find enough, but only because everyone lets it happen to themselves.
Okay, enough ranting, I'll get myself a beer.
 

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