Massive problems with the builder - is contract termination possible?

  • Erstellt am 2014-02-13 10:20:27

hg6806

2014-02-17 14:49:50
  • #1
Not naive, rather ignorant. I just didn’t express myself clearly and didn’t convey here that I had already signed the construction contract a long time ago and then meant construction contract instead of work planning.

Basically, everything is fixed. We discovered the smaller living space too late. The offer for the even more expensive basement only came last week, and since then there has been a need for discussion, especially since we still don’t have a proper cost breakdown for the basement (and requested this several weeks ago). Is it unusual to want a detailed breakdown for a WU basement, showing how the original foundation is offset, how much steel is included, etc.?
 

Explosiv

2014-02-18 05:26:19
  • #2
Hi look again carefully into your construction contract. What services were agreed upon there? You write that the offer includes 143 m², are these also stated in the contract or is a house according to the offer agreed upon? Then you are also entitled to the specified square meters. If there is no indication of the owed living space, that is bad. The contract also includes the construction and service description, check that as well. Generally, it seems that with "cheap" builders, even the smallest change after the contract is concluded becomes relatively expensive. Whether a builder has to disclose his calculation to the customer is questionable. It would have been proper to include the various cellar variants, which come into question depending on the soil report, in the contract and to note the different surcharges to the standard there. After the fact, you are more or less at the mercy of the builder once you have signed. To still save something, I would stop the construction now and demand a conversation first. It cannot be that they no longer want to talk to you. The working planning is probably not finished yet and the working plan has not yet been countersigned by the customer, maybe something can still be achieved this way. If the builder already has the wall elements produced without the working planning being finished, in my opinion, that is his risk. At the latest now, get external construction expertise, if necessary through [Bauherren-Schutzbund].
 

diamond

2014-02-18 08:21:38
  • #3
Honestly, can't people deal with the topic of building beforehand??? I feel like many approach this topic so naively that it actually hurts. More research is done for every kettle or TV than for probably the biggest project in life. If you don't trust yourself to watch out for traps in the construction contract (yes, a work contract!), then you can simply get professional help for a few extra euros and then sleep peacefully at night. It's clear that you can't be sure about everything, but at least understanding what you are signing and what consequences it has would be the least. Sorry, but ignorant is not even the right word for it here. And afterwards, everyone else is always to blame, of course. The main thing is to sign, because the whole thing is probably planned so tightly anyway that a 3-month longer construction period would mean financial ruin.
 

Bauexperte

2014-02-18 10:27:17
  • #4
Hello,


Sorry, it reads differently ...

No one seriously expects a layperson, not even me, to know anything substantial about/on the topic of house construction. Besides forums, there are plenty of ways to acquire basic knowledge that helps to classify the upcoming conversations; more is neither possible nor strictly necessary anyway. I take the position that the documents a client signs should also be understood by them. Whoever cannot do that (in my honest opinion understandably) should seek external help; that’s why these people exist. Furthermore, I assume that once the work contract is signed, the clients have the subsequent processes explained to them. I am always amazed when I read posts like yours; the clients of my partner, as well as mine, ask us endless questions ... at all times during the collaboration; we also encourage that because there is nothing worse than groping in the dark. Because then afterwards the feeling of having been "taken by surprise" often occurs, and that is toxic for a temporary partnership of about 12 months; starting from the first acquaintance until the handover of the keys. So ask, ask, ask ... by the way, this is also a good indicator to better assess the potential construction partner; to get to know their motives. No judge will, in the worst-case scenario, pass a blanket verdict in your favor "just" because you are a layperson; thankfully, that time is over.


That depends. If you build via an architect with individual subcontracting, you have all rights to a specific breakdown because you are the sole client. If, on the other hand, you are building through a general contractor/general entrepreneur (GÜ/GU), your only sources are the contractually agreed construction description (BB), possibly additional agreements (ZV), and the work contract (WV) itself, because the GÜ/GU is the client and only obligated to hand over defect-free construction to you. What all contract models have in common in/on construction is that they are obliged to always build according to the currently valid technical regulations.

Rhenish greetings
 

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