Termination of basement construction contract - experiences?

  • Erstellt am 2023-02-03 13:28:26

KarstenausNRW

2023-02-03 16:11:53
  • #1
So it is the Building Code... Otherwise, you would know it.
 

Allthewayup

2023-02-03 17:11:32
  • #2
I suspect so too, because the Building Code applies if nothing else has been contractually agreed. If one really wants to part ways, the 8% would probably reflect the contractor's "justifiable reimbursement claims" that would have to be paid upon contract termination according to the Building Code. I seem to recall that in a contract under the Building Code in construction law, the services and expenses provided by the contractor up to that point must be compensated, and those services listed in the contract but not yet provided are to be credited. But here’s the thing: if the contractor cannot profitably allocate the planned capacities through other orders or offset them, further claims against the client could arise. The burden of proof then lies with the client, and that would be difficult if the contractor does not behave cooperatively here – which I would not expect. Either one manages to establish a climate of necessary cooperation, or one parts ways with the 8%; honestly, I see nothing in between and it would probably end in chaos. *Edit* I would try "everyone at one table." Organize hospitality for everyone (as is well known, one does not sit down to eat with enemies) and open communication about the little problems and aches. Only if that does not bear fruit would I consider leaving.
 

HalloClarissa

2023-02-03 17:48:16
  • #3


There are no language problems; that is not the issue. EBK has so far hardly built on basements - that actually doesn't really fit. The basement builder does not accept the building energy act and refuses to do the execution planning; that would have to be done by the house builder. I have now asked both to talk to each other on the phone ... maybe they will still come to an agreement.
 

HalloClarissa

2023-02-03 17:51:35
  • #4
I have now asked both by mail to talk to each other, maybe it will help. Having everyone at one table is difficult: house builder in Berlin, basement builder in the Palatinate, architect in Lübeck…
 

HalloClarissa

2023-02-03 17:56:09
  • #5

I would try to terminate the contract amicably.
 

HalloClarissa

2023-02-03 18:05:23
  • #6

Unfortunately, it was not possible because the house builder did not offer it. Here are some excerpts of the disagreements between the two regarding the Building Energy Act on heating in the unheated basement:


 

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