Purchase Contract vs. Construction Contract

Hi,

something made me suspicious and I wanted to possibly get some advice here. We have concluded a construction contract with our general contractor (which is also notarized). In the progress invoices we now regularly receive, it always says "Invoice regarding purchase contract dated .."

Can this lead to disadvantages? I know that there are different claims depending on the type of contract you have. Is only the type of contract concluded decisive, regardless of what they write on their invoice? Or should this be clarified and changed?

Thanks and have a nice evening.

With a GU, you sign a general contractor contract, after all, GU stands for generalunternehmer :) What you have is a property developer, if the purchase contract has been notarized. So you are buying a house+land from one company. The chosen type of contract is actually the one that is signed, especially if it has even been notarized. It will certainly also state which claims according to what need to be considered.

Otherwise, the question is so specific that maybe a real lawyer can tell you something about it. Only lawyers are allowed to give legal advice in Germany :)

PS: you did not specify a profession

With a GU you sign a general contractor contract, after all GU stands for general contractor :) what you have is a developer, if the purchase contract has been notarized. so you are buying house+land from one company. the chosen type of contract is actually the one that was signed, especially if it was even notarized. it will certainly also state which claims have to be considered according to what.

otherwise the question is so specific that maybe a real lawyer can tell you something about it. only a lawyer is allowed to give legal advice in Germany :)

ps: you did not specify a profession

Oh... And with whom do you sign a work contract? With a worker???

Ice can sometimes be so thin, especially in summer :D

We have concluded a construction contract with our general contractor (which is also notarized). In the progress payment invoices we now regularly receive, it always says "Invoice regarding the purchase contract from .."

This is then a developer contract, regulating purchase and contract for work services according to the Building Code. The developer contract represents a combination of a purchase contract for land as well as a contract for work for the construction of a new building.
As such, it is a so-called "mixed-type contract". So it includes both!

Its legal basis depends on the respective services to be provided. For the contractual part concerning the acquisition of the property, purchase law generally applies, and for the construction part, contract for work law applies. There are differences, for example, in warranty.

Unlike a land purchase contract, where the purchase price is usually payable in a lump sum, a developer contract requires adherence to an installment schedule.
Extremely important—especially regarding the proportions of the installments—are the provisions of the Broker and Developer Ordinance.

What is stated in the progress payment invoices is therefore initially irrelevant.
"Incorrect designation does no harm." However, long, unchallenged tolerance may result in legal effects that can possibly be disadvantageous ("defense of forfeiture"). Primarily, the contract and its interpretation take precedence.

Ok, if what is stated on the invoices does not matter, then that is fine as long as, from a legal standpoint, a "Bauwerkvertrag" is the basis. I was just puzzled because we are paying the installments based on exactly this contract for work and not a purchase contract.

Background: When it comes to the last installment and there are still defects outstanding, whether one then has any claims. But we also have the consumer guarantee for that.