Legal basis construction drawing, signed drawings are valid

  • Erstellt am 2021-11-18 11:44:56

SebastianH.

2021-11-18 11:44:56
  • #1
Hello,

our site manager keeps insisting on the topic of the signed drawing. What is drawn on it is therefore also binding. Changes cost extra, so far so good. Now I am wondering, how is it with things that can be found on it but are not explicitly contractually agreed upon, such as the driveway or terrace. Both are shown, even with the type of paving. Is that then also binding for him, what is the legal basis for that? We have already had to put up with quite a bit and before I get into further discussions I wanted to ask here who might know similar problems.
 

11ant

2021-11-18 12:10:33
  • #2
Hehe, I already said,

So what is this about now:

He wants to pave as drawn, which would be above the standard of the construction scope description, and for that you are now supposed to pay extra; and: do you want the drawn paving, or rather one without additional charges?

An accepted offer is a contract. In the execution drawing with a (possibly non-standard) paving, I would in this sense see an accepted change order offer, if you signed it. But I am a businessman, not a lawyer, and definitely not the responsible judge. Since yesterday a similar topic was already raised, I will pass this on here: there can be a different assessment depending on whether the contract was concluded according to the Building Code or VOB.
 

SebastianH.

2021-11-18 12:32:04
  • #3
Hi,

he doesn't want to pave at all or hasn't considered it. It is not part of the contract, but as already mentioned, the drawing is stamped and signed and shows a paved driveway, and on the side of the drawing it also states which paving it is. Now I would like to know, can I insist on this or is it common (I haven't built many houses yet) to include the paving on the drawing without actually laying it. As I said, nothing is contractually recorded about this, there is only the drawing and I want to know if it is worth discussing this with the site management.
 

Fuchur

2021-11-18 12:54:27
  • #4
A somewhat strange idea, of course you won't get any plaster if it's not in the contract. You are probably talking past each other. He surely means that what is contractually agreed upon will be executed as drawn. The drawing might also include the adjacent street, a terrace, trees, or even the neighboring properties — you won't get any of that either. Rather be glad that someone took the trouble to integrate the house into the surroundings for illustration purposes so that you can get an idea of the design, outdoor facilities, appearance, effect, distances, etc.
 

SebastianH.

2021-11-18 13:12:06
  • #5
I hadn't considered it from that perspective. Good point! I was actually only concerned that we were always told "what is not on the drawing will not be executed." Hence the question. Thank you for your opinions!
 

Yaso2.0

2021-11-18 13:23:26
  • #6


You pay for the construction or what is contractually agreed upon, not the extras. Accordingly, the extras are actually only a visual representation of how it could look.

It’s the same with us. Everything that has already been executed according to the construction drawing and then changed by us afterwards must be paid for. For example: the privacy wall in the WC is supposed to be removed and the shower wall in the bathroom is to be built higher; I didn’t see on the drawing that it is not full ceiling height. Then a wall in the bedroom is to be moved and a chimney shaft installed. Our general contractor is aware, but we are supposed to settle directly with the mason, who will write his invoice himself. And thanks to the previously great relationship, we are getting a good price :)

P.S. this is off-topic, but I have never heard of hosting the craftsmen at the construction site before, etc., but I think it helps ;) so far we have heard from every craftsman how great it is at our construction site :)
 

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