Self-debtor contract performance guarantee

2018-12-05 19:42:27

Can one read the [Werkvertrag]? I like to read something like that fully before I pass judgment

2019-10-09 08:18:13

We also have this entry in our existing consumer contract.

Which version of the Building Code do you have?
650 m III, this only regulates the type of security the contractor may provide. Not what you must provide. I believe the contractor still has the old legal status.

The fact is that no other regulations are valid. It is important that it is a consumer construction contract... see 650 i Building Code, then everything is clearly regulated and the contractor has the obligation

From another thread:

If it turns out that residual defects are recorded during the house acceptance (not uncommon, but normal, as a house does not have to be "delivered" free of defects and not built that way), you cannot reduce the last payment until the defects are remedied, nor withhold it. However, the contractor can demand the entire guarantee amount and will also receive it.

This procedure has been incorporated by some providers into their contracts to counter the "sport" of many builders who withhold the last payment; whether justified or not.

Source:

Question: how does it comply with the new contract law? What obligation does the contractor have?

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Self-debtor contract performance guarantee

Frank Hartung

micric3