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

2019-11-21 09:40:48

§12 VOB. Acceptance takes place when one of the parties demands 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?

Yes, exactly, it's about whether we should insist on five instead of four (according to VOB) years of warranty period.

2019-11-21 14:06:32

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

The construction company uses the same internet as you do—unless it is based in China or Iraq. So the question is: why don’t they simply adopt this sample contract 1:1, but instead "coincidentally" tamper with the parts where variations could be to your disadvantage. Market conditions aside, here I would prefer a more reputable partner. Anyone who wants to cheat you is not your friend.

2019-11-21 14:10:48

The construction company uses - unless it is based in China or Iraq - the same internet as you do. So the question is: why doesn’t it simply adopt this standard contract 1:1, but "coincidentally" messes with the parts where variations could be to your disadvantage. Market situation aside, I would prefer a more reputable partner here. Anyone who wants to cheat you is not your friend.

You probably mean to my advantage, right? If they remove the disadvantages (from my point of view), I’m happy.

Back to my problem:

Should we insist on five years of warranty or is it even unnecessary and are four years acceptable?

2019-11-21 14:21:32

You probably mean rather to my advantage, right? If the disadvantages (from my point of view) are omitted, I'm glad.

So far, I have only read about disadvantages for you if they apply their shortened version instead of the standard version. Are you seriously asking whether one year less warranty period makes a difference? — this is not a trivial period for you, where you can leave defects you notice in the third week to be claimed after four or five years, but it concerns defects that take time to emerge through the plaster. So it is about whether defects that only "break through" in the fifth year are then "forgiven" or not!

2019-11-21 14:34:39

I have so far only read about disadvantages for you if they apply their shortened version instead of the sample version. Are you serious about the question whether one year less warranty period makes a difference? - this is not a grace period for you, whether you can let defects noticed only in the third week lie for four or five years before claiming them, but it is about defects that need their time to bloom through the plaster. So it is about whether if they only "break through" in the fifth year, then they are "for free" or not!

Absolutely valid point. So we will insist on five years.

Are there any other things we should include? Especially regarding the "formal" acceptance or is that nonsense?

2019-11-21 14:39:07

Would there be any other things we should include.

I would not fiddle with anything at all in model contracts – provided they have not been created with bias but proven in practice – neither from one side nor the other. Jurisprudence is not a suitable field for amateurs.

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

Bauherr am L

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Bauherr am L

11ant

Bauherr am L

11ant