Surcharges of 10% despite a fixed price contract

The entrepreneur cannot enforce this dubious claim. This has already been decided by the highest court. But legal advice is probably a task for your lawyer.

Hello,

There is no condition here. We agreed on a fixed price until move-in.

You already have a clear plus point there. A contract is a contract, and that’s it. I wouldn’t even listen to the builder’s whining. But there is a catch: Did you also get a completion date written down in the contract? If it really just says "8 months from the start of construction," you probably have a problem: Without a fixed date, he can postpone the construction (almost) indefinitely. Without a lawyer, it won’t work.

Best regards,

Andreas

Without a fixed date, he can delay the construction (almost) indefinitely.
Without a lawyer, nothing will come of it.

Best regards,

Andreas

Yes, that is a possibility. Since the construction has not yet started.

I would demand performance of the contract with a deadline and a claim for damages; if this is unsuccessful, I would withdraw from the contract and demand a refund of the deposit.

Hi,

You already have a clear plus point there. A contract is a contract, and that's it. I wouldn't even listen to the whining from the construction company. But there is a catch: Have you also recorded a completion date in writing in the contract? If it really only says "8 months from the start of construction," you probably have a problem: without a fixed date, he can delay the construction (almost) indefinitely.
Without a lawyer, nothing will come of it.

Best regards,

Andreas

I am almost afraid that we won't get any further without a lawyer either. In fact, we did not agree on a fixed date; we trusted that construction would begin after a 12-month waiting period, especially since the construction company heavily promoted state subsidies and the Bafa grant, so we assumed that our KfW40-Plus house would also be built within this period.

I would demand performance of the contract with a deadline and claim damages; if this is unsuccessful, withdraw from the contract and demand repayment of the deposit. I assume the contractor has not yet completed the work planning.

Since he would be responsible for the termination, I would see a reimbursement of expenses for this as unfounded.

especially since the construction company heavily advertised the government subsidies and the Bafa grant,

... I consider this a guaranteed characteristic.

Definitely sit down with a lawyer and consider together what a reasonable goal is. If I were you, I would be very reluctant to terminate the contract. If you go to another [GU] today, you will probably have to wait another year, which means your funding is lost, and on top of that, it will almost certainly cost more than "just" 10 % extra.

And your [GU] knows this very well....

As much as it annoys me to have to write this: it would probably be more sensible to pay the 10 % than to terminate the contract. However, I would try to limit it to 5 %.... So, think about what you want!

Best regards,

Andreas