Shell construction contract: contract penalties, security deposits, payments?

We were presented with the contract by the construction company (contractor). However, only one and a half pages, which, apart from the described deviations, correspond to the pictures I attached above.

Uh, stupid question: what would be the problem with using the sample contract shown instead of the reduced version?

The whole thing is ineffective if the underlying [VOB] is not provided. Then the [Baugesetzbuch] applies. s. fragg

He can then sue for it afterwards.... I wouldn’t sign it like that. I would first seek a conversation with the architect and then the construction company. The deadline will probably not be a date. Rather, x months after the start of construction. The companies are fully booked and can choose what they do with whom and when.

would you buy a car or a mobile phone contract with a contract like this? IT CAN all go wonderfully, but in case of emergency it's not even really clear which law is to be applied. your future self will roll their eyes at problems and think "how could I have signed this".

there must be a start point and an end point included. you can also phrase it like this: "start within X weeks after building permit and clearing (?) of the property by the builder" "completion at the latest X months after start of construction, prevention caused by external circumstances or weather conditions excluded" (I am not a lawyer, only built with VOB, and had to read this nonsense often enough...)

the contractual penalty is part of the VOB, whether it is stated in the contract or not (I am not a lawyer) - but it seems to me that the contractor himself does not really know what he is doing and wanted to adapt the contract to his advantage from the VOB.

if 5. states a 5% retention, does the text of 5. also mention 6. security?

if there is no upper limit for security, you can retain 5% on each payment, without an upper limit... and only pay with the final invoice.

if an execution guarantee is missing, that means: if the company goes bankrupt, you are screwed.

the purpose of the execution guarantee is to have a little sweetener for a new company as cash in the pocket when the old one goes bankrupt.

whether 4 or 5 years, it doesn't matter. after one year at the latest, it will be argued whether it is normal wear and tear, maintenance backlog by the builder, wear, etc...

just some thoughts from a non-lawyer. I think if you went to a lawyer, they would advise against it.

if the construction runs smoothly, a handshake is enough.

Um, silly question: what would be the objection to using the shown template contract instead of the reduced version?

The shown template contract was found by me on the internet. The other was presented to us by the construction company.

there has to be a start point and an end point included. you can also phrase it like this: "Start within X weeks after building permit and site clearance (?) of the property by the builder" "Completion at the latest X months after construction start, delays caused by external circumstances or weather conditions are excluded" (I'm not a lawyer, only built with VOB, and had to read that nonsense often enough...)

As said, missing. However, there are currently no concerns about the company’s timeliness.

if 5. says 5% retention, does it then mention anything about the 6th security deposit IN THE TEXT of 5.?

if there is no upper limit to the security deposit, you can withhold 5% with every payment without an upper limit... and only pay with the final invoice.

Nothing is said about security deposits and no upper limit. Only "5% retention".

if a performance bond is missing, it means: if the company goes bankrupt, you are screwed.

the purpose of the performance bond is to have a little candy for a new company as cash in the pocket when the old one goes insolvent.

Performance bond is missing. But the company is rather unlikely to go bankrupt during our shell construction. Do we need a bond for the warranty period?

whether 4 or 5 years, it doesn't matter. at the latest after one year there will be disputes anyway whether it is normal wear, maintenance backlog by the builder, wear and tear, etc...

I find exactly that point much more important than the others. If we find something is wrong after 4.5 years, we'll be left looking clueless. The fact that there can be fierce disputes even within the period does not help us at all.

My question remains:

1. Should we insist on a 5-year warranty period, or does that apply to us as consumers anyway?
2. Is a regulation for a mandatory formal acceptance important?

Thanks for your input so far. I also find legal topics very important when building.

§12 VOB. Acceptance takes place when one of the parties requests it.

Regarding warranty, everything is stated in § 13 Abs. 4 Nr. 1 Satz 1 VOB/B

Have you read through the VOB/B in the meantime?