Otus11
2016-08-23 20:43:37
- #1
big hammers are rather unlikely with such payment plans, after all the company probably wants to build trust with 20% at the end.
The trust would be even greater, however, if the last installment did not have to be paid before handover.
The beautiful Construction Contract Act indeed states in 641 that the remuneration is due after (!) acceptance.
By linking it, the clause in the last part here prevents retention due to defects according to 641 III.
The clause is, in my opinion, invalid in general terms and conditions.
The legal consequence would be the invalidity of the entire payment plan. The Construction Contract Act applies again, i.e. 641 Construction Contract Act: 100% money only after acceptance....
Because: According to the Construction Contract Act, the contractor is obliged to provide advance performance. But if you pull out this hammer, the contractor won’t build a house for you....
Or in other words: You have paid 80 or 95% and possibly may not be allowed into your house...