Refusal of building acceptance due to outstanding work?

Due to a legal dispute between the general contractor and a trade, the interior plaster is still missing on more than 4 windows in the living room, as these windows were relocated afterwards. The interior plasterer currently refuses to do this work for free.

How should we imagine this: windows were relocated after the interior plastering (= "reconstructed") and the interior plasterer now refuses to plaster the demolition and rebuilding without charging? What "fault" do you bear for the fact that this wall opening relocation happened at such an unfavorable time; what is the dispute between the general contractor and the interior plasterer about; why might the general contractor consider it legitimate to make you deal with the consequences?

Unfortunately, I share the fear that completion will only occur on the day after doomsday without financial pressure.

When should the defect be made?

Always withhold as much + x as you would have cost yourself. At the end of the day, the cleaner only arrives in Dec 2020.

with the acceptance, the warranty period starts and the final payment is due. Retentions are to be paid out and the contractual penalty is only due until the day of acceptance. after paying the final payment, you will never see the construction company again.

if you build according to VOB, the effect of acceptance is even more significant. you declare the building to be fully completed.

acceptance with reservation is possible, continuation of the contractual penalty after acceptance is also possible on a pro rata basis. however, you must inform the construction company of this in writing exactly as well. including the consequences and you must also instruct them in writing about the possibility to object to your partial acceptance.

if you take the square meter plaster at €100, you will certainly find someone who will quickly plaster the windows for you after working hours.

What does he expect from the acceptance? There's something behind it. No, as long as such massive defects exist, there will be no acceptance and certainly no final payment. Don't agree to anything, I've experienced it often enough myself. Once paid, you won't see anyone again or you wait forever for an appointment.

I was also surprised that it suddenly had to go so fast. The site manager was quite pushy. Maybe it's also because the construction completion deadline is slowly running out.. they are probably afraid of having to pay for the delay.

How are we supposed to understand this: windows were moved after interior plastering (= "reconstructed") and the interior plasterer now does not want to plaster the demolition rebuilding again without charging? What "fault" do you bear for the fact that this wall opening relocation happened at this unfavorable time; what is the general contractor arguing about with the interior plasterer; why could the general contractor consider it legitimate to make you shoulder this? I unfortunately share the fear that completion will occur without monetary pressure on the never-never day.

I bear the "fault" insofar as I insisted on having the windows relocated. What has so far not meant any costs for me, everything is covered by the general contractor. And the general contractor delayed the whole thing until the interior plastering was due. I think I am rather in the better position and do not have to be pressured into accepting the house.

with the acceptance the warranty period starts and the final payment is due. retainages must be paid out and the contractual penalty is only due up to the day of acceptance. after payment of the final installment you will never see the construction company again.

if you build according to VOB, the effect of acceptance is even more significant. you declare the building to be completely finished.

acceptance with reservations is possible, continuation of the contractual penalty after acceptance is also partially possible. however, you have to notify the construction company of this exactly in writing. including the consequences and you must also instruct them in writing about the possibility to object against your partial acceptance.

if you take the square meter plaster at €100, you will surely find someone who will quickly plaster the windows for you after work.

That all sounds too complicated to me. Why should I bother with that?