Surcharges of 10% despite a fixed price contract

  • Erstellt am 2022-03-28 22:46:55

Sir_Batman

2022-03-30 12:04:35
  • #1
I throw the following into the ring:

1. Reference to the fixed price and the absence of a price adjustment clause
2. Reference to the advertising “[BAFA/KFW]” and the risk that this subsidy might no longer exist
3. Basically signal willingness, but
3.a bank guarantee, e.g. 10% of the construction sum
3.b contractual exclusion of further cost increases, otherwise a right of withdrawal for you and the contractor assuming the additional costs
3.c determination of your pain threshold (e.g. 5%)
4. Fix the completion date, establish damages for delay. Secure with a guarantee.

He wants something, then he must also provide a corresponding consideration.

The bank guarantees are immensely valuable. No company can afford to have one called. And in case of insolvency you get the money from the bank, usually on first demand.
 

hauskauf1987

2022-04-03 23:47:31
  • #2
Amazing how many here advise "settlement"...
Fixed price is fixed price, the company wouldn't get a cent more from me just because they see their margin disappearing...
Legally absolutely watertight
 

Tolentino

2022-04-04 00:47:01
  • #3
Well, if you then have to argue for three years to get your rights and at best a settlement is reached or at worst the construction company goes bankrupt, that doesn't help either – let alone your house being finished on time.
 

motorradsilke

2022-04-04 07:21:53
  • #4

The latter is actually the main problem. Sure, you might be right, but he just simply doesn't continue building for that long. And then? You can cancel the contract, but currently you won't find a cheaper provider. The general contractors know that and take advantage of it.
 

gutentag

2022-04-04 10:58:19
  • #5
What exactly? That the clients usually accept everything? We've already come that far. Then what's the point of signing contracts?
 

Tolentino

2022-04-04 11:13:49
  • #6
I have said it here several times and, as already mentioned here, I am a burned child, but if there is no longer an enforceable price guarantee, in my opinion, there is no reason to build with GU/GÜ anymore. This way, the risk of being taken advantage of is at least hedged and only affects one trade, not the entire house construction.
 

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