immermehr
2020-06-09 21:13:02
- #1
Hello everyone,
I learned today from my neighbor that we (as the client) are allowed to withhold 5% of the contract sum as security.
The contract states:
The client is entitled to demand the provision of a so-called completion security. If the contractor does not provide this security for the timely completion of the work without major defects in the amount of 5% of the contract sum in accordance with § 650 m paragraph 2 of the Building Code, the client is entitled to withhold interim payments up to the amount of the owed security.
QUESTION:
- Who has done this? What was your experience?
- Did you inquire with the general contractor or directly deduct at the first payment? Our first payment was only with 2%
- Until when may it be withheld? According to the Building Code, until the end of the warranty period
- Must the payment possibly be transferred to a blocked account?
Thanks for your answers
I learned today from my neighbor that we (as the client) are allowed to withhold 5% of the contract sum as security.
The contract states:
The client is entitled to demand the provision of a so-called completion security. If the contractor does not provide this security for the timely completion of the work without major defects in the amount of 5% of the contract sum in accordance with § 650 m paragraph 2 of the Building Code, the client is entitled to withhold interim payments up to the amount of the owed security.
QUESTION:
- Who has done this? What was your experience?
- Did you inquire with the general contractor or directly deduct at the first payment? Our first payment was only with 2%
- Until when may it be withheld? According to the Building Code, until the end of the warranty period
- Must the payment possibly be transferred to a blocked account?
Thanks for your answers