Payment plan: How many installments?

  • Erstellt am 2011-09-29 13:28:04

Häuslebauer40

2011-09-30 08:24:12
  • #1
632a would have found appropriate recognition in the link.

Construction expert, it is not about whether the submitted payment plan is now favorable to the client or not (which, by the way, I do not think), but rather that it is clearly and unequivocally stated that the general contractor (GU) has to advance payment, unless otherwise agreed by mutual consent.

To refer to your words more extensively once again:



How the GU manages that is not the concern of the client(s). If he lacks liquidity and/or finds it too risky, he must either accept fewer projects or, as I already said, give it up altogether. There is no risk-free business.

And as far as the swords of Damocles are concerned, the proportion of those hovering over private clients in the form of a possible insolvency of the GU is probably significantly higher.

Regardless of the fact that the GU likely has little to no risk with private clients, private construction projects are generally secured by a bank loan. And the GUs certainly do not lack the corresponding securities (financing commitment / bank guarantee / assignment).

With projects commissioned by companies or owners’ associations, this may perhaps be different.

As for the "non-paying customers," the construction companies must slowly come to terms with the fact that even private clients, who usually had little to no knowledge, are now sensitized through media, internet, literature, etc., and expect a proper execution of the work. This should also be the rule and not the exception.
In other words: if the work is carried out according to recognized rules of technology and handed over free of defects, the construction company does not have to fear for its money.

Regarding the removal of the link... well... the argument not only limps, it is practically in a wheelchair...
I hardly believe that Google or any other search engine asks the operator of the website for permission before linking to it...

But well, no problem. Here is the instruction to find the page:

1. Open Google
2. Enter search terms "Bauunternehmen Vorleistungspflicht"
3. Open the second result from the top on the first page (begins with: baurechttipps.....)

Regards

Martin
 

Bauexperte

2011-09-30 10:25:19
  • #2
Hello Martin,

I was already curious about your further argumentation.


This could be very well avoided – apart from a manageable number of exceptions – if builders applied as much care in choosing their construction partner as when buying a new car. There is an enormous selection nationwide of small, medium-sized, and large providers of all kinds of systems, which have not even come close to stumbling since their start in this industry. There are just as many lawyers for contract review as there is sand on the beach.


A builder does not need to grant an assignment if he informs himself before signing the contract about what contractual construct he is purchasing with his signature. The common handling by banks and builders, among others, with the two other securities has contributed to the fact that craftsmen now have an enforceable claim for a security payment for their wage claim. And as for the risk of BU/GU with private builders, you might want to contact a chamber of crafts of your choice; they will quickly enlighten you to the contrary.


It goes without saying that construction must be carried out according to recognized rules of technology; every builder is entitled to a defect-free handover of the house within firmly agreed targets. As for the sensitization, on the one hand, it is a blessing – it makes it harder for the black sheep of the industry to find their lemmings. On the other hand, it is also a curse, because copied knowledge will never be able to replace the expert. I would feel much better if this “newly acquired knowledge” were invested in the timely commissioning of an external construction expert, rather than acting out of half-knowledge.

I believe you lack a little imagination that there are builders who think differently than you; through my job, I have learned more than I would like.

So that we don’t misunderstand each other here – over the years of my activity, I have come to the realization that the black sheep on both sides of the desk roughly balance each other out and seem to somehow magically attract each other. Rest assured that builders who plan their construction project carefully very rarely end up with a black sheep. Here in the forum, the balance usually tips to one side, because satisfied customers rarely if ever go online. That is why I sometimes try to push the balance back a bit towards reality through discussions like the one we are currently having.


Aunt Google is a search engine, brought to virtual life to lead users to their desired destination as quickly as possible. But this does not imply that data of the object of desire may be copied and/or duplicated without permission. The forum operator (and sometimes myself) does not remove every advertisement out of sheer boredom but because they have little to no desire for permanent disputes with lawyers. The complaints of several providers criticized here fully cover this need for unwanted additional work.

Kind regards
 

Häuslebauer40

2011-09-30 12:50:22
  • #3
Based on the two parts of your post that I have picked out like raisins, we should actually both come to the conclusion that this is exactly where the problem bites its own tail.

On the one hand, future builders are supposed to prepare themselves as well as possible for the construction process, but on the other hand, they usually doubtlessly lack the necessary expertise for this. A vicious circle that is either hard or expensive for the builder to break.

However, I fully agree with you that you should invest somewhat more time and money in planning a home you may only build once in your life than in purchasing a car.

Certainly, your recommendation to commission an independent expert with construction supervision in a timely manner is absolutely correct. However, the costs for this, provided it is a complete construction supervision and the expert must stand behind their work, i.e., is liable if they overlook something, are not insignificant, and some will weigh whether they would rather buy a fitted kitchen instead...

Anyway, I would generally advise every builder to inform themselves outside the usual media like the internet and TV, where some things are portrayed very dramatically and often one-sidedly. And for this, in my opinion, there is only one thing:

Specialist literature, specialist literature, and more specialist literature. There are wonderful, mostly very extensive and well-illustrated works that are, despite everything, written understandably. Provided the interested reader brings some practical understanding, logical thinking ability, and is willing to skip 2 or 3 evenings of TV and instead plow through 1000 or 1500 pages, the basic concepts of the individual trades, various execution methods, as well as the already mentioned recognized rules of technology will become familiar enough for them to identify gross defects or deviations in the work themselves and at least question these with the general contractor before finally consulting an expert.




I can imagine that. I assume you mean the clientele who always and everywhere have something to complain about and feel that work performed contrary to their ideas must always be punished by withholding payment, although upon closer inspection there is neither reason nor legal basis for this. Such people are also known to me. You find them in every industry. Especially in construction, where not everything always goes as smoothly as one would like, it is important to carefully weigh whether it is a significant defect, a minor defect, or an accumulation of the latter and to what extent this entitles one to refuse acceptance or payment. Again, literature can help a great deal here.

Therefore, an appeal from me to the “uninformed” builders: be critical, but not overly critical. Proceed with common sense and logical thinking. Both often help to recognize and understand things that you may not initially grasp from a technical standpoint. Question things you do not understand and have them explained to you. A reasonable site manager will have no problem with this. If he does or flees to excuses, he is either unsuitable or there is actually something amiss that needs to be examined more closely and possibly an expert must be called in.

Yes, yes... IT law is complicated. Such procedures are indeed known to me from other forums as well, and it is understandable that you do not want to deal with complaints from providers or their lawyers. But one should always look closely at the individual case to see what it is about. If a lawyer or whoever publishes such information unsolicited on a website on the internet, their intention is probably that these be read. A link thereto merely points to the corresponding source and should not have legal consequences. This does not constitute a reproduction of intellectual property nor any copyright infringement. But whatever. Whoever wants to find the respective information will ultimately succeed.
 

Shoko

2011-10-02 13:22:54
  • #4


I have rarely read a bigger load of rubbish than this. A link to another site violates no rights whatsoever and is certainly not a copy or duplication of data.
Here, the mod apparently has not even remotely understood the basic functioning of the internet. Unbelievable ...
 

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