Legal information regarding the collection date

Hello,

we are currently having a terraced house built. According to the contract, the key handover date is September 1, 2013. However, since it was cold in winter (who would have thought...) there were several weeks of construction delays. Underfloor heating also took another three weeks.
They cannot tell us the expected key handover date. We have tried to get a statement from the construction company by phone and in writing, but we are being brushed off or ignored.
The problem is that we have a three-month notice period for our apartment. If we still need a tiler, we need to know which month we are allowed to move in. Fortunately, the kitchen studio is flexible.

My question is now: Are we entitled to demand a binding statement about the move-in date? According to the contract, we must be informed three weeks before the key handover. Is this reasonable?

Thank you very much
Lorana

What does the contract say? Does it state a guaranteed date? If not, you're out of luck and will probably have to take it as it comes.

This is not legal advice.

Hello Lorana,

in advance - I am not allowed to provide legal advice, this is exclusively reserved for consulting professions in Germany!

we are currently having a terraced house built. According to the contract, the date for the handover of the keys is September 1, 2013. However, since it was cold in winter (who would have thought...), there were several weeks of construction delay.

That, among other things, these "bad weather days" extend the construction time is certainly stated in the BB. This is because you cannot claim/withhold any funds regarding a possible extension of the construction period.

We are not being told the expected date of the key handover. We have tried by phone and in writing to get a statement from the construction company, but we are being fobbed off or ignored. [...] My question is now: Are we allowed to demand a binding statement about the move-in date? According to the contract, we must be informed three weeks before the key handover. Is that reasonable?

You signed this contract for work as it is.

If there is no mutually signed addendum on this matter, you will have to accept that your BU strictly adheres to the contract. You therefore have no means to force your BU to make a binding statement before this 3-week period begins.

The only option: keep bothering until your BU is glad to get rid of you :D

Rhenish regards

Thank you very much,

well, I have certainly already started with the nerves :)

Best regards