Position in the payment plan that is never fulfilled

  • Erstellt am 2021-06-25 16:53:34

Eierpiepe

2021-06-25 16:53:34
  • #1
Hello everyone,

unfortunately, I couldn't find anything in the forum that helps me.

The situation is as follows:
I have signed a fixed-price contract (contract for work according to the Building Code) for a turnkey house.

Of course, I was given a construction description and a payment plan with the contract, which I signed.
The payment plan is divided into many partial payments, about 30-40 items. Payment is always made only after the service is rendered.

In this payment plan, there is the item "Erstellung der Betondecke OG" with about €11,000.
However, my house was never planned to have a concrete ceiling on the upper floor from the beginning. This means this service will never be performed.

Am I correct in understanding that he cannot charge me this amount since no service was provided? Or do I have to pay this item because it belongs to the fixed lump sum price?

Regards
 

nordanney

2021-06-25 17:01:28
  • #2
You have to pay the total amount. When, is another question. Otherwise, it would not be a fixed lump sum price. Or is there anything in the contract about minimum quantities or similar?
 

Eierpiepe

2021-06-25 17:06:22
  • #3
No, it doesn’t say anything about that, but the construction description states that concrete ceilings on the upper floor are subject to an extra charge... since I don’t have any, he actually can’t charge me anything. Fixed lump sum price or not?
 

Holzhäuschen

2021-06-25 17:11:25
  • #4
I would ask? So, at the house construction company?
 

apokolok

2021-06-25 17:29:58
  • #5
Well, I suppose that will simply be replaced with 'Erstellung der Holzbalkendecke OG' and that's it.
 

Eierpiepe

2021-06-25 17:38:10
  • #6

I didn't either, it's completely open :D
 

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