No construction and performance description in GÜ for freely planned house

Hello everyone,

we have probably found our construction partner and now want to have our contracts reviewed. We have received a whole bunch of papers, including an LV. The gentleman we spoke to told us that they do not have a construction and service description as you would know it from prefabricated house providers or similar, because we have a freely planned house and he is the general contractor. A prefabricated construction and service description ("with a lot of prose") would not fit with us at all. He said that in a construction and service description as we probably mean, for example, a brand washbasin is listed, but in our LV it states exactly which washbasin with manufacturer and model. This LV we have is much more detailed and precise than any construction and service description would ever be and is basically his own shopping list.
Admittedly, the LV is really detailed and every meter of steel, type/kind of window with color and U-value, square meters of screed, etc. is specified. I have 42 pages of small print in front of me.

I have already had some BULs in my hands and my naive feeling tells me that it really is much more detailed than usual. I have not seen anywhere yet which brackets are used for the [Photovoltaik Anlage]. And admittedly, we have planned many things in the house individually, e.g. raised windows, additional floors, flush doors with special handles. We are doing ceramics, electrical work, and the attic expansion ourselves. That a standard construction and service description must be so strongly supplemented/modified to fit makes sense to me, though.

We would now like to have our documents reviewed and from there we have directly received the feedback that this is not a construction and service description. It could not be reviewed and according to the building code he would even be obliged to create a construction and service description. In response, I received from our advisor that he is a general contractor or mass calculator and our house is so individual that there is no suitable construction and service description for it.

Are you familiar with this topic? Can that be?

Attached is a small excerpt of how, for example, roof work and tilt windows are listed.

If there is no suitable construction and performance description, then he should write one. If he can build an entire house so incredibly individually, then he should be able to manage to put together a few pages of A4 text.

I see it like the person (who was that?) who was supposed to check your documents: Without a construction and performance description, it cannot be reviewed.
In your screenshots, there are partly only keywords. Storm bracing 76m². Storm bracing what? By the builder? Included? Included for an extra charge?

That would be too risky for me.

The general contractor has worked correctly.

In a consumer construction contract, a construction and performance description is mandatory. This records the essential characteristics of the building, including the type and scope of the services. However, construction and performance description is only a colloquial term for the "Baubeschreibung" required by the Building Code*.
And you have received this explicitly.

Of course, some inspectors may have difficulties with this, but that is their problem, not the general contractor's.

If there is no suitable construction and service specification, then he should write one. If he can build an entire house so incredibly individually, then he should be able to put together a few A4 pages of text.

I see it like the person (who was that?) who was supposed to check your documents: Without a construction and service specification not verifiable. In your screenshots there are partly only keywords. Storm brackets 76m². Storm brackets what? By the builder? Included? Included for an extra charge?

Too risky for me.

The consumer advice center is supposed to check that. They also pointed out that it is only a bill of quantities, not a proper construction and service specification.

Everything that is stated in the bill of quantities is included. Accordingly, analogous to a classic construction and service specification, what is not included will not be done.

The general contractor worked correctly.

In a consumer construction contract, a construction and performance description is mandatory. This records the essential characteristics of the building, including the type and scope of the services. However, "construction and performance description" is only a colloquial term for the "construction description" required by the Building Code. And you have explicitly received this.

Of course, some inspectors have difficulty with this, but that is their problem, not the general contractor's.

We have a main contractor, not a general contractor.

From my point of view, it would not matter whether there are formulated sentences or bullet points. The consumer advice center refuses to review this document.

Everything stated in the LV is included. Accordingly, analogous to a classic construction and performance description, what is not stated will not be done.

And as laypeople, can you even assess whether everything that needs to be done is included in this document (and accordingly in your project)? I couldn't.

In the construction performance description, we also had such general assurances like "will be constructed turnkey in solid, modern, energy-saving construction in accordance with the plans, official regulations, static calculations, and the energy saving ordinance," or that all required planning documents are included, who pays for what (house connections, construction electricity, etc.).

I don't know your entire document, but if that is only a "shopping list" from the general contractor, that would be too thin for me.