No completion and warranty bond - retention?

  • Erstellt am 2019-12-16 14:03:17

si_re

2019-12-16 14:03:17
  • #1
Hello,
our house construction is progressing well, the screed will be installed at the end of the week.

So far, we have adhered to the payment schedule (except for minor withholdings due to defects). Unfortunately, it has only just become clear to me that we have already paid the majority of the total costs, but the payment schedule does not really correspond to the services provided.

Now to my question:
In our construction contract with the developer, there is no clause regarding completion or warranty bonds. So we probably have not agreed on anything in this regard, and the [Baugesetzbuch] applies.

What does this mean? Is it still possible to make a lump-sum withholding for completion and warranty now?

Best regards
Simon
 

Specki

2019-12-16 21:07:40
  • #2
First of all, you are bound by what is stated in the contract.
 

HilfeHilfe

2019-12-17 07:12:02
  • #3
The train has left the station. It is always the case that a payment schedule is ahead of the trades and it is normal to have a 5-10% withholding at the end. If that is not the case with you, then you are out of luck. If you do not pay, the general contractor will stop work. I don’t know which is worse.
 

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