Liability issue regarding additional costs of a planning favor

Go to a lawyer specialized in construction law. This seems pretty twisted. Possibly, after a thorough study of the facts and the underlying documents, one can initiate a legal dispute; or alternatively, take recourse for legitimately incurred additional costs.

But not with the information you are only describing here through the forum.

When considering the situation, one should also keep in mind that you still want to build the house with the [GÜ]. Of course, you shouldn't accept everything without question, but here the question is to what extent you want to start a quarrel now and then possibly face less willingness to cooperate from the [GÜ] later on.

The essential question is simply what exactly was caused by the "deficient" planning, which was a favor, and which part would have occurred even with proper planning. For example, the ground is simply as it is; you have a Z2 and not a Z0 ground. If he had planned for this, the costs would probably be the same as the costs incurred now, wouldn't they? So the question is whether the delay and the mentioned €5,000 could really have been avoided by proper planning and whether you already want to quarrel with your [GÜ]?

So a foreign gas line (also power and telephone cables are mostly foreign) is not on your property. Okay, so somehow next to it. The shaft probably as well. In the driveway? On the sidewalk? Or how am I supposed to imagine that? And why are you having your driveway worked on someone else’s land? No matter how I look at it (questions were not supposed to be asked) I really don’t understand it. But whatever.

Can you somehow explain these 5000 euros of additional costs to the interested reader? If I leave out the incidental costs, how were 5000 supposed to be saved through better planning?

Basically, you can only claim part of the delay, namely the planning delay. And in my opinion, that is at most the proportionate longer rent...

I agree with Caspar.

That's why I'm asking if I can do it afterward, as I don't feel like starting a legal dispute before the first stone is laid. It might be that I have to report the defect in time, for example, so as not to tacitly accept and approve it or something along those lines.

The delay is definitely due to the gas pipe, which could have been laid in advance. Z2 would have occurred in any case, that's true. I still need to analyze that thoroughly.

The shaft is in the driveway. Explaining all of this is somewhat complicated and doesn't add value to the discussion; it's just due to the somewhat difficult-to-access property. I also always like to know the whole problem context in order to find alternative solutions if necessary, but in this case, it really is an unavoidable situation :)

The initial assessment is sufficient for me for now, thank you very much for the answers! I will start looking for a suitable lawyer who is familiar with this.

That raises the question for me, who is liable here? Can the planner or the general contractor still be held responsible?

The answer is provided by the search for the keyword "liability in a favor relationship."

Liability for delay damages requires, in addition to fault, among other things, (i) delay and (ii) a financial loss. "It takes longer" is not yet a delay; this must first possibly be caused, deadlines set, etc. As always in compensation law, the rule also applies here: specific damages must be specifically stated and specifically proven.

who actually buries a real gas line in the ground? around here they are all under the street (paved) and heavy construction vehicles drive around here. what is supposed to happen, or is it a botched gas line directly under a few crumbs of earth? normally they are roughly 80cm deep and the pipeline doesn’t care at all.

these construction roads are nonsense anyway. for a lot of money the street has to be rebuilt, then one big vehicle comes by once and afterwards everything has to be restored again. it would make much more sense to do nothing at all and see if anything breaks and repair that. surely saves 20,000€... it is always acted as if a 200-tonner drives in there. it is a normal heavy transporter that also drove along the street...

regarding liability: you can hardly prove anything to the contractor since you don’t have a contract with him about this (you can at least prove nothing). he simply passed on an offer from another company. you will probably know what conditions were in the offer. it is normal that a planner screws up and that causes delays.

because one thing is for sure:
every man on the construction site, no matter what he does and what he learned, is doing the job for the first time and cannot rely on any experience or common sense. it is simply not possible to do everything right.
why is that? the pareto principle (80/20 formula). in fact, about 80% of the work is really successful, namely the part that requires no thinking or planning at all. but the last 20%, which make the difference between good or bad, take considerably longer and are often overlooked.
how was the electrician supposed to know he had to lay a cable from the chimney to the ventilation system (pressure monitor) during the shell construction phase? it would surely have been 5 minutes’ work, like getting the cable from the car and so on. it would also surely have been tremendous extra costs of 8€ for a few meters of cable. after all, he just has a chimney at home with a pressure monitor and has wired 50 other houses this year.

at our company they say that thinking along only pays off starting from 20€/hour wage.

have fun with the construction if you already want to wield the legal club now. you will still be smashing your hands over your head several times due to so much stupidity...