Location of city villa or single-family house on 500 m2 plot - rectangular

  • Erstellt am 2020-01-17 18:03:26

Tolentino

2021-02-25 14:25:11
  • #1
I had described it a bit more detailed earlier, here is now the very short version. The broker brought the construction company into play because he knows them and it was already planned for the rear neighbor. However, the broker also exerted immense time pressure and had x-other interested parties (the part about the interested parties was certainly true; the time pressure was, as I know now, mainly due to his expiring exclusive contract). I then needed a stamped construction cost breakdown for the financing and after several conversations with the sales rep of the general contractor, I signed even without giving the contract to a lawyer or even a construction consultant for review beforehand. In retrospect, maybe a mistake.

Of course, it could be that the lawyer now smells easy money. However, for every major matter that goes beyond advice and correspondence, he has to request a separate coverage application from the legal expenses insurance. In this respect, not every small matter will be worthwhile now. I have also already told him that negotiations or even a precautionary evidence procedure are actually out of the question due to the duration.

No, almost across the board the overlap dimensions were not observed. As a result, the distribution of horizontal forces no longer functions in the layer. Without further measures, cracks will occur (according to the expert). The structural engineer is also supposed to confirm that this will not happen with fabric plaster and plaster reinforcement.

The lawyer says I should definitely demand the security retention according to the Construction Code. So far, I have refrained from this because on the one hand the last installment after acceptance is 10% anyway, and on the other hand the general contractor wants to make use of his right of substitute guarantee in the contract and in return demands a guarantee from my bank for the entire contract sum (which he has not done so far). My assumption was that in case of doubt this is a bad deal because I can withhold the last 10% anyway if something is wrong and if he has the guarantee from my bank for everything, he can claim everything directly from my bank without me having to discharge him separately. The lawyer is now supposed to find out whether I am right with my concerns or if it is better to demand the guarantee. And if necessary, also negotiate extension of the warranty/security retention.

The masons don’t even see the plaster (another company). But yes, urine tests are now on the schedule.
 

Nida35a

2021-03-09 12:16:49
  • #2
Hello , are you still arguing, or is building underway again?
 

Tolentino

2021-03-09 13:50:15
  • #3
Yes, construction is happening again. Mainly because I gave in.
In fact, the lawyer could only recommend to me, as long as my wish is for faster construction progress, to demand my security retention according to the Construction Code (or withhold it at the next installment), whereby the general contractor will probably also demand his guarantee, which somewhat reduces the effectiveness of the security retention.
I spoke again with my expert and did some research. And the probability of damage is not high; regarding cracks, I was repeatedly assured that these would definitely occur within the first years, within the normal warranty period.
I then had a pre-formulation made on how to communicate the "you can continue, but I still insist on warranty" and then they continued on the same day.
I also told him to adjust his communication and to remember that I am accommodating him, not the other way around. How much that helps now – we’ll see.
My takeaway is to look at everything more carefully multiple times from now on and to insist on "redoing" in case of the next defect.
I am aware that I basically gave in now, but I can hardly afford any further delay. Tough luck for me, because now the general contractor of course also knows that he can get away with quite a bit with me. I just hope he still has some standards for the quality he delivers.

Meanwhile, the interior walls are almost built up, I estimate [ZwiDe] will come this week.
Photos will follow then…

Pudli marked my office so it’s clear who it belongs to…
 

Nida35a

2021-03-09 13:55:23
  • #4
then I'll keep my fingers crossed for you (mine)
 

pagoni2020

2021-03-10 18:36:01
  • #5
That is also a difficult situation, you have everyone on board and yet somehow feel lost in between. From an outside perspective, I probably would have done the same because continuing is also an important parameter. A loud bang doesn’t bring you any relief either. Whether that was a collapse or a sensible and appropriate decision is hard to say, but I wouldn’t see it solely as negative. The concern that the GÜ is now getting arrogant may be true, just as the option that he is now more careful not to burn his fingers. He doesn’t want that kind of trouble either, so this could also have some positive aspects.
 

Nida35a

2021-03-10 18:56:03
  • #6
I agree, continuing to build is important for you, and the GÜ does not live off court disputes either and has seen that you are also getting a lawyer for support
 

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