Uiuiuiuiuiui, ouch ouch ouch ouch. Urgent (specialist) legal advice is required here: There is a valid construction contract – however, for a house that, as offered and built, will not receive KfW funding due to the insufficient ceiling height of the granny flat (the approval does not help anymore if the agreed basis is not created). The advisor, who apparently acts independently of the exercise of due diligence, is useless, and the builders have learned that a release clause is a double-edged sword. Because the construction is permissible as is, but the granny flat cannot then be inhabited. At that point, the fee for a proper approval process would already have paid off. There is price potential to omit the garage – if it were ordered separately and has not yet been ordered bindingly. If it were part of the construction contract as the plans suggest, omitting it would mean a partial termination and would invalidate the valid price lock-in. Given the size of the construction project – which in reality does not shrink simply because the builders perceive it as more modest – I can only be shocked at how naïvely the project was approached in all respects. You get better informed when buying a TV :-(
Ceterum censeo, the energy consultant and the financing consultant should marry each other, they obviously go perfectly together *ROTFL*
To the questions of understanding and others “all in one go,” so as not to scatter in fragmented quotes:
1. the contract was concluded by acceptance of the offer; the acceptance was declared by the builders on the offer.
2. if it contained no side agreement a) about further details (and which ones) still to be discussed and especially b) about which execution deadlines should apply, these are probably irremediable oversights :-(
3. a price guarantee time limit does not imply that the contract is dissolved at the end of the price guarantee period.
4. “without obligation” logically only applies to an offer until acceptance.
5. without further agreements, a price guarantee is completely worthless after its expiry; its continuation as a basis for limiting increases would have had to be agreed.
How one can be so careless to order “1 piece of extended shell construction according to drawing” in writing, but otherwise as casually as ordering a pizza, has now become a textbook example of why one cannot appreciate the value of a proper tender enough. Nothing in home building offers more saving potential than refraining from such blank check house orders. Without a construction service specification and an execution deadline agreement (with penalties!!!), a general contractor construction contract is worthless!