Several troubling contract clauses

  • Erstellt am 2021-12-10 23:29:02

11ant

2021-12-24 19:41:43
  • #1

I am very confused that you repeatedly talk about a "preliminary contract" (in which prices and binding periods should not yet be included at all), but on the other hand about numerous details of the design and sample selection. A preliminary contract does not yet agree on more than the obligation to enter into a contract with each other. It can also contain resolutive conditions, e.g., "if a soil report reveals a rocky or swampy site, the construction project will be cancelled," but details like stairs or locks do not belong there yet. And prices and their validity only belong in the actual contract, which the preliminary contract primarily stipulates that such a contract is to be concluded at all. Conceptually, a preliminary contract could look something like this:
1. the parties "builders" and "construction company" commit to undertake the project "construction of the Mustermann single-family house approx. XYZ square meters of living space according to the Effizienzhaus 55 standard" together.
2. the party "builders" commissions the party "construction company" to plan the subject of the contract and to obtain a soil report. The implementation of these two assignments will be started immediately.
3. if the soil report results in a presumably uncomplicated foundation of the building, the parties will immediately conclude a construction contract,

otherwise the project is declared finished and the party "builders" pays the party "construction company" for obtaining the report and the planning services rendered up to this point.
Before point 3, according to my understanding of the proper practical procedure, there are no agreements on services and prices of the details from the construction contract. So how could stairs and locks already have been discussed here — and even with fixed prices! — if, on the other hand, it is supposed to be only a "preliminary contract"?
 

Tom1978

2021-12-24 20:30:41
  • #2


The problem could be whether such a precontract is seen by the KfW merely as a "planning contract" or as a contract after which applying for funding is no longer possible?
 

Niedersachsin

2022-02-17 14:19:59
  • #3
Hello Tom, I hadn't considered that at all. However, they apparently always do it that way. We are still discussing and negotiating. Nearly 7 months after signing the contract, and not even a building application has been submitted. The construction law lawyer at [Verbraucherschutz] advised us against signing the contract as it is. Significant changes need to be made.
 

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