Received construction contract from builder. What do you think about it?

  • Erstellt am 2022-02-22 18:45:14

Nikolan85

2022-02-22 18:45:14
  • #1
Hello friends,

I received a construction contract from the contractor today, with whom we were satisfied during the first meeting and the offer suited us. However, when I look at this contract, I don't know what to make of it. I have highlighted some points in yellow that particularly bother me, and besides that, I find it extremely vague and too brief. What do you think? Is this normal? A construction description (more like a standard text) and a construction plan without text were also sent with this contract.
I would appreciate your opinions
 

SoL

2022-02-22 19:13:54
  • #2
Very very short and concise, but there are still the attachments unknown to us... My contract including attachments is 46 pages. I am also a fan of clear contracts, as short as possible and as detailed as necessary. I wouldn’t know where to cut anything from the 46 pages.

In other words: it depends on the attachments. I don’t think the omission of safety measures is great for this contract either, no construction time specification, no contractual penalty,...

But for that you have a fixed price until 20xx without a price increase, unless something else is stated in the attachments?
 

Osnabruecker

2022-02-22 19:15:27
  • #3
Without the attachments, it is of course difficult to assess. You get what you order, the page is more of a summary of the legal / commercial aspects.

Regarding your comments:
No sliding clauses = that's good. He commits to the prices and cannot make additional claims.

Start of execution = he probably doesn't know yet. It is a bilateral contract and you need to coordinate this.

Contractual penalty = Why should he include a penalty on his own? If you insist, negotiate.
 

11ant

2022-02-22 22:37:18
  • #4
To me, it looks as if your wishes from the request were transferred 1:1 (or with the default checkmarks for a contract with a non-merchant as builder) into a standard contract. There is nothing else stated, since / because you did not want anything else. Change your wishes, then he will change the contract and the price :) I already wrote to you about that... ... what kind of emotional embellishments would you have wished for in the construction plan? – a construction plan is not a romantic novel, besides, the construction service description is the lion’s share of the text part of the construction plan; often in the drawing only things like parapet heights are indicated.
 

Benutzer200

2022-02-23 09:29:14
  • #5
No opinion. There is nothing in there to review ==> Attachments

- Price escalation clause: Is okay for you after all
- Deadlines: Should be agreed upon or derived from the other documents ==> legal requirement
- Penalty clauses: poorly negotiated
- Collateral: Why should you receive collateral if you do not provide any yourself?

I am still missing the right of withdrawal. I strongly assume that your construction company has no idea about the requirements of the consumer construction contract...
 

11ant

2022-02-23 12:58:47
  • #6
No, why ... it is stated (?) - the deadline is mentioned and, in my opinion, sufficiently explained; written form is not required - formulated this way, in my opinion, the original poster could even just call to say that he no longer wants it.
 

Similar topics
02.11.2018Contractual penalty for sale/rental within x years12
24.11.2019Exceeding the construction time, contractual penalty22
06.09.2024Contractual penalty in the Building Code contract - new construction20
01.04.2025Forward building plan to neighbor?10

Oben