Process fixed price guarantee, is an additional payment due?

  • Erstellt am 2022-02-23 20:38:33

Martinovic

2022-02-23 20:38:33
  • #1
Hello everyone,

how would you assess the following case?

The following is regulated in a construction contract regarding the fixed price guarantee:

A fixed price guarantee of 12 months is agreed upon. After expiration, the purchase price changes by the amount of the inflation rate plus a surcharge of x %.

Nothing else is regulated.

In your opinion, when does the fixed price guarantee begin (in my opinion at the time of contract conclusion) and when does it end or when is an additional charge due? Construction begins within the 12 months, but the construction is not completed within these 12 months.

Thank you very much for your opinions.

Best regards
 

HilfeHilfe

2022-02-24 06:32:54
  • #2
The sentence is too vague for me. There should be a clause included specifying what must occur within the 12 months (e.g., completion, or start of construction, or at least 75% of the construction progress).

Otherwise, as you wrote, there will be disputes in the end regarding the definition.
 

SoL

2022-02-24 06:50:23
  • #3
Yep, that's going to be a matter of dispute...
 

Sparfuchs77

2022-02-24 07:41:58
  • #4
I would understand it so that the year starts from signature and after the deadline has expired every further invoice will / can be charged with the surcharge.
 

WilderSueden

2022-02-24 09:03:14
  • #5
But that would give the company free rein to drive up prices by dawdling. If the delay is not caused by the client, the clause may be contestable.
 

11ant

2022-02-24 11:33:55
  • #6
If nothing "else" is regulated, then it is no less than the decisive that is not regulated here. Informal - without notice - fruitless: the expiration date is indefinite. At least the term here did not begin with the coronation of Charles I, but unfortunately probably with the signing of the contract (or at the latest with the order confirmation).
 

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