Remove services from the construction contract

  • Erstellt am 2015-12-15 09:19:47

Bau.Joe

2015-12-15 09:19:47
  • #1
Hello,

I have a question. We have signed a contract with a construction company. The offer was almost turnkey. However, we are not satisfied with the heating system offered. Therefore, we would now like to commission our own heating company. Does anyone happen to know what needs to be considered in this case? Is it allowed to simply remove services from the contract? What costs could arise for us? We discussed at the time of contract conclusion that we were not satisfied with the heating system and wanted a different one. However, the developer did not take any action and simply stalled for time. The sample selection and factory planning are scheduled for January. So the company had not yet incurred any expenses for materials or other services. Maybe someone has already had a similar experience.
 

Müllerin

2015-12-15 09:27:10
  • #2
no advice, just a question: why does one sign a contract whose content one does not agree with?
 

Koempy

2015-12-15 09:27:39
  • #3
You can usually remove entire trades. But generally, you get credited significantly less, so it often is not worth it. But that is a topic you have to discuss with your construction company. Why did you sign if you were not satisfied with the heating system?

The other problem is the warranty. Because the heating system plays a central role. And I don’t know if they will agree to that so easily.
 

Musketier

2015-12-15 09:55:56
  • #4
First of all, the question: developer or general contractor?

We had the uncertain positions written into the contract as alternative positions (e.g. land in case the stairs are omitted.....XXX€). That is of course too late for you.
If the contract is with a general contractor, you will probably be credited less, because the GC naturally does not want to forgo their profit. However, it should be feasible. The warranty then runs through the company of the heating installer. Possibly, the general contractor could also tender the heating, and you obtain the heating through the general contractor. In this constellation, with the subsequent removal of a trade, that might even be cheaper overall.

If it is a developer contract, I cannot say anything about it, since it is notarized and I do not know to what extent it is adjustable.
 

HilfeHilfe

2015-12-15 11:14:59
  • #5
Did you bring up the topic again? Isn't the developer willing to install a different heating system for an additional charge? He will also commission a plumbing company for the trade. We were able to make changes in each trade that differed from the contract. Either it was cost-neutral or there was an additional charge. There were issues like a different wall color, different ceramic sanitary ware, suspended ceilings, etc. etc.
 

Bauexperte

2015-12-15 11:51:36
  • #6
Hello,


It is rarely effective to remove a central trade from the scope of work. As a rule, general contractors work with a fixed core of craftsmen; they are used to working together, know the standard they install very well. It may well be that the current plumbing company has no experience with the heating system you prefer and therefore resists the change.

You can remove the trade from the scope of work; no one can forbid you to do so; you are the client. However, you must expect that the credit amount will not be satisfactory to you and that the plumbing company you subsequently commission will have to take over not only the heating but also the plumbing work, since your general contractor only credits the entire trade. Besides, the new plumber will certainly be given a fixed time frame in which to provide his service. I would even go so far as to demand a proper acceptance, the costs of which you will have to bear.


That is not correct. The plumbing company favored by your general contractor has already firmly scheduled your construction; included materials in negotiations on purchasing conditions with their supplier; planned their employees, etc.

Rhenish regards
 

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