Retention 5% Security Payment GU Construction Contract

  • Erstellt am 2020-06-09 21:13:02

Tolentino

2020-06-10 10:12:01
  • #1
Ah ok, then I understood that correctly after all.
For the warranty, it is probably already too late, I have already signed.
Best regards
Tolentino
 

Nida35a

2020-06-10 10:24:34
  • #2
There are laws for that which I do not know, you have a legal claim to the warranty retention. Otherwise, act stupid, speak to the site manager/boss etc. about how he envisions the warranty retention, you would withhold the 3% directly. Or call the Bauherren-Schutzbund, you have a question ...
 

Tamicat

2020-07-08 01:10:36
  • #3
Hello,
since we are currently also looking for a construction company, I dealt a bit more closely with this exact question this evening and came across the following explanations regarding § 650m Baugesetzbuch :
1.: The total of the installment payments must not exceed 90% of the agreed total remuneration.
2.: The consumer is entitled to a security amounting to 5%. Either through an appropriate credit insurance or retention of the 5% by deduction from the first installment payment(s).
3.: Both are added. Overall, if the 5% is retained, a maximum of 85% of the total amount is due before the final acceptance!
Best regards and good night
 

Nida35a

2020-07-08 06:28:03
  • #4
inform yourself about the latest status of these laws and negotiate that into your construction contract, companies are often not yet up to date and try to push through their "standard contract". The Bauherren-Schutzbund helped us, we were completely new to the topic. Regards Nida
 

rdwlnts

2020-07-08 07:21:24
  • #5
If it is law, it does not matter what is stated in the contract. Because a contract does not permit unlawful actions.
 

K1300S

2020-07-08 07:22:57
  • #6
Does the Building Code or [VOB] apply?
 

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