Payment on delivery - Experiences?

Hello everyone,

I am currently having some discussions with the company that is building my house.

The purchase contract states that an amount X is due "upon" delivery of the construction folder, amount Y "upon" delivery of the windows, etc.

The company has now informed me that invoices can be issued in advance (i.e., when the service has not yet been provided). I was told that "upon" delivery means neither before nor after delivery, but exactly upon. That means I would have to transfer the money in advance so that the money is available on the day of delivery.

However, I say that this is not possible because I have no chance to react if the delivery date is delayed or if a defect occurs during acceptance.

Does anyone here know the current legal situation or have experience?

Thank you in advance for your answers.

Hmm we simply paid according to the construction progress... no matter what was written there...

What kind of providers do you have? Trust is of utmost importance,... Do you stand at the construction site every day to check when the deliveries arrive? You can get the money back in case of complaints (I believe within 14 days).

First of all, thank you very much for your answers.

No, of course we do not stand at the construction site every day and check the entrance.

However, there are larger items in the payment plan:

e.g. delivery of prefabricated shell components 55,000 EUR - and I would very reluctantly pay the money here before acceptance, especially since the industry is not always crisis-proof.

Thank you in advance for further comments.

Best regards

You can get the money back in case of complaints (I believe within 14 days).

That is not possible. The option only exists with basic direct debit to have the money returned within 8 weeks. One could, just for fun, offer direct debit collection. The collection must be submitted to the bank at least 3 days in advance. I would be curious to see how they manage to get it exactly on time.

Legally speaking, the approach of the construction company is probably even correct. Unless otherwise agreed, services are due immediately in accordance with the Building Code. (provided the Building Code is applicable to the contract) As far as I have read, according to a CJEU ruling from 2008, it is not the outflow of money but the inflow of money into the construction company’s account that counts. To what extent this CJEU ruling also applies to business transactions with private customers is apparently disputed among lawyers, as the CJEU ruling contradicts the previously applied regulations that the outflow of money is decisive.

In my opinion, however, the approach of the construction company contradicts any common practice, because they certainly do not want the money in cash or by check either.

Possibly, you could squeeze out one more day if you hold a "construction account" at the same bank as the construction company. Orders up to a certain time are then credited to the other account on the same day. So if you know the windows are there, you press transfer and that’s it. I don’t know if this is the case at all banks.

In general, however, I would have it checked to what extent 5 or 10% retention of security for the services rendered so far can be deducted first. Alternatively, have it secured by a guarantee certificate.

What surprises me a bit, you always write only delivery (delivery of the windows)? What about the service (e.g., installation of the windows)? Is that then invoiced separately?