Security retention of craftsman invoices

Hello,

I am new here in the forum and have a question about how much retention I am allowed to withhold from a craftsman’s invoice.

To explain, my husband and I are currently building a detached single-family house on our own.
Now I have received the invoice for the earthworks and drainage works, which I want to pay.

How much retention am I (we are) allowed to withhold from this invoice? Is it 10% or 5%?

Is it correct that if there is a verifiable measurement, 5% may be withheld, and if this measurement is not available, 10%?

Best regards

Reykjavik

What did you agree on? Written or oral orders? According to the Building Code or VOB? Partial payments or completed work?...

What should a security retention for earthworks be for?

The work has been completed, hasn't it?

Hi,

have you agreed on a retention for security? If not, you can’t just withhold it like that. Contrary to popular belief, there is apparently no legal basis for it. Also simply because every service provider would then have to wait 5 years for their last 5% payment.

Apart from that: why a retention for security for the earthworks? Either the work was done or not. The surveyor is actually responsible for the surveying.

Best regards,

Andreas

I find it a difficult topic... the idea of withholding is to possibly be able to finance rework if the service provider is no longer able or willing to deliver the service. Sometimes it is also understood as a means of pressure. We completely refrained from it and relied on local craftsmen and their reputation - which actually worked well (although of course the 5 years are by no means over yet). If I now put myself in the shoes of a small craftsman who has to advance 5% of his payment over 5 years - sometimes quite material-intensive as well...

Thank you very much for your quick responses.

: basically everything in writing and completed work according to VOB.

: the earthworks include not only soil removal but also the delivery and installation of the drainage pipe, connection to the existing inspection shaft, creation of a drop within the shaft, as well as the delivery and installation of gravel for the base plate.