Surcharge due to rising prices

  • Erstellt am 2022-09-01 22:37:38

Viehbrocken

2022-09-01 22:37:38
  • #1
Hello,

we are currently building together with a larger company. We signed the contract for work in September last year, that is before the Ukraine war and the resulting price increases. At that time, we agreed on a fixed price, which is still valid.

However, now we are supposed to pay a surcharge due to exploding prices. We have tried several times to call the company and ask if this does not contradict the fixed price agreement. Call-backs were promised but did not happen. Instead, we eventually received an email referring us to the new offer. But that was exactly why we needed and still need to talk.
Even after another request for a callback, we only received a two-line reply stating that there is no contradiction.

In any case, no corresponding explanation, just the one sentence – meaning: due to the price increases, the contract amendment (i.e. the fixed price agreement) is agreed upon and this comes into effect automatically with the start of construction.

Has anyone had similar experiences? And how did you deal with it?
 

SoL

2022-09-01 22:44:23
  • #2
Show me the contract section. Could it be that the fixed price was limited to 12 months? Just a well-meant piece of advice: Do everything in writing so that you have proof. Call logs won't help you with that.
 

Viehbrocken

2022-09-01 23:00:15
  • #3
We signed at the end of September 2021. Correct, 12-month fixed price commitment. The change would shorten the price commitment in our case to 11 months, so that it would no longer be valid if construction starts in September 2022. Our construction start would now be in September.
 

Ypsi aus NI

2022-09-01 23:02:18
  • #4
What is the contractually agreed price and how high is the additional charge? Why does it only start after one year? Was it your decision or the company's?
 

kbt09

2022-09-01 23:41:35
  • #5
In the small excerpt, something is mentioned about the start of construction until 31.08.2022 ... is the excerpt from the contract from last year?
 

WilderSueden

2022-09-02 00:00:58
  • #6
Does the contractor refer to §313 Baugesetzbuch? If not, he will have a hard time if everything else is in order. And even with the 313, it is not a given, see the ruling on extra energy this week.
 
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