Termination of basement construction contract - experiences?

  • Erstellt am 2023-02-03 13:28:26

Allthewayup

2023-02-04 13:36:19
  • #1
I must honestly confess that the constellation you have maneuvered yourselves into is utterly incomprehensible to me from all conceivable perspectives.

So now there is:
- an architect (whose role is still unclear to me)
- a basement builder (who doubts the basement planning of the house builder)
- a house builder (who does not understand why the basement builder does not want to implement his planning)

Is that a correct summary?
With whom have legally binding contracts been concluded so far? Basement and house builder as far as I understand. What useful "added value" does the architect provide, or is she even commissioned and if so, for what?

The longer I think about it, the more the question arises for me whether it would not be more effective to ask the basement builder what exactly he expects from the planning and then pass that on to your house builder (after all, you are the customers). He may raise concerns, then you bring the architect in from the sidelines and have her assess it technically (if she is not exclusively an interior architect).

Either you move closer to a possible solution or you actually accept the 8% before you lose more time (if it is indeed critical).
 

Allthewayup

2023-02-04 13:41:15
  • #2
Edit: Hopefully you never have a defect/warranty case during construction or in the years afterward; if it's already such a drama now, you can imagine what will happen then.
 

11ant

2023-02-04 16:41:07
  • #3
Only the basement builder is really qualified in this game to do the execution planning for the basement. It would be more likely for a camel to pass through the eye of a needle than for the basement builder to have trained the house provider on his system. It would have been better if the architect was not "on the sidelines," but was the "master of the process" appointed by you, all planning would have been done by her, and you would have commissioned the basement through the house provider. I have been involved in construction issues for over forty years and would not order a basement separately. That the basement builder needs documents from the house provider here does not mean that the house provider would or could deliver the basement execution planning.

This is basically your core problem here: The basement builder requires the cooperation of the house provider to fulfill his necessary preliminary services – so much for the topic "apart from communication he hasn't done anything yet." No, he CANNOT do it like that even. If I were a judge and had to settle the dispute, I would clearly see the basement builder here as the injured party and fully consider his compensation claim with drums and trumpets as justified. The situation becomes really tricky because you are also the ones responsible for ensuring the house provider's cooperation in the preliminary services of the house builder for the basement construction. If you hope for support or mediation, you have come to the architect at the wrong address ever. Expect that your lawyer will even advise you not to haggle over the contractual damages of the basement builder by a jot. And let the lawyer get the cow off the ice. It is a pity that you are in NI; in RP I would have recommended Frau Reibold-Rolinger to you.

Ouch. Theoretically I have already answered your question about the difference, but practically it is irrelevant here anyway (since I can at least infer from the poorly legible drawings that the basement is not outside the thermal envelope here. Rather, your problem here is that you want to exclude rooms within the thermal envelope (for which the location on which floor is irrelevant) from the heat load calculation. Don't take it personally, but may God keep me from such awkwardly clumsy clients in my construction consulting; one can hardly behave more stupidly. All the more I understand the basement builder (and honestly, in his place I would even turn the tables and offer you a golden handshake for contract termination).
 

Allthewayup

2023-02-04 17:39:55
  • #4

Nothing more to add, the question is how the threadstarter deals with this now?
 

HalloClarissa

2023-02-05 08:43:53
  • #5
I have now asked the two representatives from the basement builder and the house manufacturer to simply have a phone call with each other. I hope that the problems simply stem from me being a layperson having to pass on information and requirements (telephone game principle) and that this simply cannot work that way. Both are reputable companies, there must be a solution?
 

hanse987

2023-02-05 12:43:03
  • #6


You just bought individual trades together and since there is no overall responsible professional, you as a layperson are responsible for the whole. Every contractor first looks at their own trade. It will become apparent whether the two trades will agree.



Somehow the sentence sounds to me like: "Wash me, but don't get me wet." Why shouldn't the basement officially be included in the thermal envelope? If you insulate the part, then in my view you have to basically temper the whole basement anyway. How is the thermal separation between living space and basement hallway in the stair area executed?

For me, there are only 2 variants. Either utility basement uninsulated outside the thermal envelope or living basement inside the thermal envelope. You want somehow a mixture of both and in my opinion this can end in a dripstone cave.
 

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