The contractually agreed construction manager will not be provided by the construction company.

But a contract is a contract, and what is written in it is what you want to have.

Honestly: Do you want a super annoyed site manager who travels 5 hours for every appointment on the construction site? And who is also provided and paid for by the construction company.

For me, it would be a deal-breaker if the company were to assign me exactly this site manager. He can only produce nonsense and be extremely annoyed at best.

One may have a rock-solid opinion about construction managers employed/appointed by construction companies and consider it the only correct one... whatever. But a contract is a contract and what is written in it is what one wants to have.

For Judge Wunder a crystal clear case, claim dismissed. Reason: the contract contains an immoral clause which is void without replacement due to the absence of a severability clause. The contractor only has the right to issue instructions to his employee regarding on which/of whose construction sites he shall perform his work – however, this does not extend to restricting his right to free choice of residence. By the way, the employee can resign at any time without the employer’s clients having any say in the matter. What the rejection decision costs: see the Court and Notary Fees Act.

If you want to get out of the contract, then this may be a possibility to terminate. But you will hardly achieve more.

If you want to get out of the contract, this may be one possibility to terminate. But you will hardly achieve more.

Not even that. The main service of the contract is the construction of a single-family house. A secondary service is the special site manager. That can be agreed upon. But as with all contracts, there is the possibility of rectification if a part of a contract cannot be fulfilled. In this respect, the company could appoint an equally qualified new site manager. The argument that this particular site manager is crucial for the decision to build the house will not hold here, as it is a simple single-family house and not a special construction requiring special skills or expertise. This is to be seen the same way as if the shower tray Utopia 5000 was chosen and selected during the sampling, but then simply taken out of the program. Then there is the Dystopia ultra and that’s it. You therefore cannot terminate the contract or demand exorbitant damages.

Legal Theory:

If you want to get out of the contract, then this might possibly be a way to terminate.

During the withdrawal period, a withdrawal is possible without any reason.
If the withdrawal period has already expired, the only option left would be termination (which must be justified legally valid), for which consulting a lawyer is strongly recommended (whose advice I probably have already predicted you will ignore). In disappointment, I see here an emotional reason to which I give little chance of success to be objectively classified under an already recognized case by jurisprudence.

This is to be seen here just like if the shower tray Utopia 5000 was requested and selected during the sampling but then simply removed from the program. Then there is only the Dystopia ultra and that’s it. You cannot terminate the contract or demand exorbitant damages because of this.

No, I consider this example not comparable here, but would concede in this case that at the first instance (!) a majority of judges would affirm an application of a special termination right.
In my opinion, the case presented here has the potential for three instances (and thus a waiting time for the final verdict that would far exceed the construction time from now until immediate occupancy).

Practical Use:

But you probably will hardly achieve more.

What is there to gain here at all, if one now flees from the "common contract-breaking builder"?
Only those who consider the seat belt replaceable by an Ave Maria while driving forgo a self-appointed construction-supervising expert anyway. And those who do not forgo the original can be totally indifferent as to whether the fake/alibi “site manager” is portrayed by Horst or Harry. This difference does not justify even the slightest complaint.

Do you have to accept that as the builder?

Of course. The desired site manager has moved. That is a kind of force majeure.

Can/Should we already demand compensation now?

What is the damage?

Or can nothing be done about it?

Of course you can do something. Get real!
If you already suffer "loss of trust" because of something like that, the construction period will be difficult for you.