Payment plan from the general contractor experiences

Actually, the regulation is quite simple and clearly stipulated in the law. It is also clear that you are dealing with a consumer construction contract. It is undisputed that the construction of a house by a general contractor on one's own plot of land constitutes a consumer construction contract. - there is no disagreement among lawyers or courts on this. The law is really precise here.

In this respect, it can be stated that the amount of progress payments is regulated in the new construction contract law. An important regulation is that the contractor may only demand progress payments up to an amount of 90 percent of the agreed total sum as well as possible additional remuneration (§ 650m para. 1 Building Code). Excessive progress payment demands are legally inadmissible, as they constitute hidden advance payments. However, these provisions only apply to consumer construction contracts – that is, contracts where a consumer commissions a contractor to build a new building or to carry out substantial conversions to an existing building (§ 650i para. 1 Building Code). In construction with architects and individual trade assignments, § 650 does not apply.

The second legally regulated point is the security deposit. Builders have a legal right to completion security in the amount of five percent of the construction sum (§ 650m para. 2 Building Code). It is intended to ensure the timely completion of the building without significant defects. The completion security can either be withheld with the first progress payments or the contractual partner provides a bank guarantee or completion insurance for the same amount. The choice of the type of security lies with the contractor. If there are subsequent construction orders after the contract is concluded, the law also applies here. If the total remuneration increases by ten percent or more due to the additional orders, further security amounting to five percent of the additional remuneration can be withheld at the next progress payment.

Actually, the regulation is quite simple and clearly defined in the law. Also, that yours is a consumer construction contract. That the construction of a house by a general contractor on one’s own property is a consumer construction contract is completely undisputed. @11ant - there is no disagreement among lawyers or courts on this. The law is really precise here.

As you already say: "actually". I looked it up again earlier and was surprised by the on the one hand clearly understandable and unambiguous wording of the paragraph, but on the other hand still some search results on legal assessments of the question of applicability.

As you already say: "actually". I checked it again earlier and was amazed on the one hand by the clearly understandable and unambiguous wording of the paragraph, but on the other hand still found some search results regarding legal assessments of the Giltdasbeimir question.

Anyone who deviates from the standard can of course also get a "Yes, but..." as an answer.

The most recent ruling known to me (from NRW) clearly states: A consumer construction contract within the meaning of § 650i Building Code paragraph 1 alternative 1 Building Code is only to be assumed if the contractor is commissioned with the construction of a complete building. This is not the case if the contractor is not required to perform all services generally regarded as essential for a building. 5U266 21 at the Higher Regional Court Düsseldorf ==> This should be the case with a general contractor contract. And I refer to this statement of the OP in the initial post.

If the OP ultimately commissioned something else, see "Yes, but".

P.S. The complete renovation of a single-family house also belongs to this, for example. I went through this myself and simply threw the company out overnight due to catastrophic work because I had not received a cancellation instruction and therefore had an unlimited right of withdrawal. The contractor also unsuccessfully demanded payments and damages and ended up with a bloody nose.

That should be the case with a general contractor contract. And I am referring to this statement by the OP in the initial post. If the OP ultimately commissioned something else, see "Yes, but".

I specifically tend here (the OP is talking about "turnkey" and on his property) also towards the standard case, whereas I would not see it given in the case of a contract with a shell construction general contractor.

Hello everyone,
many thanks for all the helpful responses.
The general contractor is a regional construction company that builds commercial buildings and private residential buildings.
Since this company is supposed to build a turnkey single-family house on my own property, it is also a consumer construction contract for me, as mentioned at the beginning, and I was correct with the 10% (or no more than 90% according to the law).
When it comes to the final negotiations, I will point out this law to the contractor and am curious about what arguments will be brought against me then.
No acceptance will take place before the last installment. Payments are only made after the completion of certain trades.

The general contractor is a regional construction company that builds commercial buildings and private residential buildings. Since this company is supposed to build a turnkey single-family house on my own property, it is also a consumer construction contract for me, as mentioned at the beginning.

Exactly: You are a homeowner and thus a "consumer" worthy of protection within the meaning of the paragraph, the work is a turnkey house and falls within the scope of the paragraph. Whether the same contractor who acts as a GC for you here also works as a general builder in other cases and also serves commercial clients is irrelevant to your contractual relationship.

Before the last installment no acceptance takes place. Payment is only made after completion of certain trades.

Correct, this cannot be emphasized enough to the interested readers: progress payments alone do not constitute acceptance.