OKAL House Construction - Accessibility of the Construction Site

I somehow have the feeling that some information is missing here. From the side notes (elevation details, mountain side, support structures, ...) one can guess that the route planning might cause problems. Perhaps Okal Haus wants the assurance that access with their construction vehicles (mobile crane, semi-trailer, ...) is given and permitted? The issue with the development also seems logical when viewed from Okal’s side. Okal Haus must, if understood correctly, name a completion date after the building permit, but faces the unknown of not knowing when the property’s development will be completed and work can begin. I also assume that Okal Haus would not want to "store" the client’s house for a long time and then pick it up and move it out after development is completed. This is probably not planned and the storage space for this is not available. As far as I know, the building permit is created by the architect of the general contractor and submitted by the builder. Whether these conditions/requirements are really only named on the construction side after a year or have so far been overlooked, misunderstood, or suppressed by the builder, I cannot judge. However, since the client describes himself as a layman with no knowledge of the subject, I find it almost negligent that he did not seek advice in the form of a lawyer, construction supervision, or similar. This support would probably have identified and been able to resolve some of the problems that have now arisen early on. Whether the consultation costs with a lawyer are too high or one prefers to keep paying the provision interests must be decided by the client himself.

Apparently, the questions are no longer being answered by the OP. In this respect, one could conclude that there really only seem to be misunderstandings that the builder himself could have avoided through more expert knowledge. The homeowner the house, the client the property – that's quickly where the layman is responsible ;)

@ALL: Please let us discuss the topics in a somewhat orderly/structured manner.

1.) Blame assignment
I did not intend to start a discussion about who is to blame with this thread. The house construction contract was concluded with Okal Haus a year ago. Despite several written inquiries, I received no response except for the questions I received from Okal Haus in the last email and published in the first thread. I have to look ahead and get things resolved so that the house construction can finally begin.

2.) Contract matters
I have also studied the Okal Haus contract very intensively. As I understand it, the contractual agreements regarding the owed architectural services are, in my opinion, contradictory, at least unclear. On the one hand, § 4 of the contractual conditions – which are part of the house construction contract – states that the client is obliged to obtain the enforceable building permit necessary for the construction project at his own expense. Furthermore, § 4 regulates that it is the client's responsibility to create the prerequisites for the development of the property.

On the other hand, the building description – which is also part of the contract – stipulates that all architectural services are to be provided by DFH and are part of the owed scope of services. It states that the architect commissioned by DFH owes both the preliminary investigation and the approval planning for the construction project (item 1 of the building description). In my opinion, this also includes creating the prerequisites for development.

3.) Property
According to consultation with the building authority, the property is NOT developed, but a "secured development" exists, which basically represents the prerequisite for the planning and construction of a property. According to the building authority, Okal Haus or the Okal Haus architect could submit a building application. In order for the Okal Haus architect to submit the building application, I as the client am supposed to clarify the open questions from the first thread or submit the corresponding documents.

Many thanks again to everyone, but I think I can no longer avoid legal advice.

Best regards,

Homebuilder.

Paragraph 4 states that you are responsible for submitting the documents provided by the architect in clause 1 of the construction description (building application) to the competent authority and bear the costs for it. Paragraph 4 also states that you are responsible for the developability of the property (here: development). It would be completely new to me that a general contractor architect is supposed to take care of development. The development authority (municipality?) is responsible for that. The municipality is certainly right when they say that submitting the building application would be possible. That the development of your property then follows subsequently is unlikely. That would mean that plot 24 is developed after the building application and plot 2 only 4 months later because the application was only submitted then. The municipality will certainly develop all properties simultaneously, according to the construction status of the road and utilities. So utilities and road construction are at the level of plot 2, so plot 2 is developed, plot 24 only when they get there and not according to the building application. However, this has already been written here like that.

ALL: Please let us discuss the topics in a somewhat organized/structured way.

Then you should also answer the questions directed at you. Otherwise, this will just go around in circles. No one here is blaming anyone. That is not our place at all. We also do not know the situation, but questions were asked to you about it which you have not answered. It seems to me as if such talks, i.e. going around in circles, are exactly taking place between you and Okal Haus. My questions were:

What does that mean? What happened in 2020?

My question: how far along is the new development area? What does it look like? Are some people already building? Are there roads? Is the infrastructure completed or not?

Despite several written inquiries, I received no answer,

Further question: what did these inquiries from you contain? You write so much here, but all so meaningless.

In my opinion, this also includes creating the conditions for the infrastructure.

"In your opinion" does not have to be correct. No construction company is responsible for the infrastructure. Everything concerning the land must be handled by the builder. And the builder is, after all, you.

: Thank you very much for your feedback, however it is currently completely irrelevant when the plot will be developed, since secure development is already ensured now and based on that the construction plans can be created.

The issue is closed for me in this forum, I will consult a lawyer regarding my project, thank you.