Payment of final installment and acceptance

Google "VERBRAUCHER- FEINDLICHE KLAUSELN IN BAUVERTRÄGEN" and look at pages 15-17. IMO the clause is invalid. Did YOU also receive a guarantee or a retention? (§632a Baugesetzbuch)

Hello,

Huh? I’m completely clueless.
The contract was concluded according to the Building Code and VOB/C.
At the time of signing the contract, there was never any mention of such a guarantee, and there is nothing about it in the contract.

You surely mean that the VOB/B is part of the contract?

You have commissioned an expert; he should carefully reread the entire contractual documents, especially the fine print on the back, such as the annexes to the contract. If no security deposit was agreed upon, your contracting partner cannot demand one; but only then.

Rhenish greetings

Security guarantee
We (bank) guarantee to you (...)
for your claims arising from fulfillment of the construction contract: payment amounting to 3.5% of the purchase price.
against Mr... and Mrs...
(,,)
Date..... financing bank.....

Guarantee:
In this context, it should also be clarified in whose favor this suspicious guarantee is supposed to be issued at all – according to the wording, apparently in favor of the contractor[U].

But that makes little sense ...

Suretyship:
In this context, it should also be clarified in whose favor this dubious suretyship is supposed to be issued at all - apparently according to the wording in favor of the contractor[U].

But that makes little sense ...

Of course that makes sense - for the contractor!

The client does not pay due to defects - the contractor draws on the suretyship and has the money.
Thus, the client has to sue for the money and not the contractor.

However, it is not a "first demand guarantee" that can simply be "called in" by waving the guarantee document around...

Therefore, the bank will not pay the contractor without the client's consent or a legally binding judgment against the client. After all, as guarantor, it still wants to seek recourse internally if it pays externally. And for that, the (main) claim should be undisputed, meaning acknowledged or adjudicated with final legal effect... Otherwise, one gets "strangled as the guarantor." And in practice, payment will not be made from the guarantee until then.

The old merchant's motto applies:
"Cash is king..."

... my contract states VOB/C. and the contract does not mention a guarantee. .... in favor of the contractor... but I will not sign anything.... since it is not part of the contract. It is really an outrage.....