hang_häuschen
2022-04-20 16:50:49
- #1
Uiuiuiuiuiui, ouch ouch ouch. There is urgent (legal) advice needed: There is a valid construction contract – however, for a house that, as offered, will not receive the KfW subsidy due to the insufficient ceiling height of the granny flat (not even the approval helps anymore if the agreed basis is not created). The consultant, apparently independent of the exercise of his due diligence, is a failure, and the builders have learned that a release clause is a double-edged sword. Because building it that way is allowed, but the granny flat cannot then be inhabited. The fee for a proper approval procedure would have already paid off. The price potential of omitting the garage exists – if it were ordered separately and not yet bindingly ordered. If, as the plans suggested, it were part of the construction contract, omitting it would mean a partial cancellation and would invalidate the binding price. Given the size of the construction project – which does not actually shrink by the builders’ modest self-perception – I can only be shocked at how unprepared this project was approached in every dimension. You get better informed buying a TV :-(
Ceterum censeo, the energy advisor and the financing advisor should marry, they apparently fit perfectly together *ROTFL*
Regarding the questions for comprehension and others "all in one go," to avoid fragmenting the quotes:
1. The contract was concluded by acceptance of the offer; the acceptance was declared by the builders on the offer.
2. If there were no side agreements contained therein a) about further details (and which ones) still to be discussed and especially b) about which execution deadlines should apply, these are probably irreparable omissions :-(
3. A price guarantee limitation does not imply that the contract is terminated at the end of the price guarantee period.
4. "non-binding" can logically only apply to an offer until acceptance.
5. Without further agreements, a price guarantee is completely worthless after its expiration; its continuation as a reference point for limiting increases would have had to be agreed upon.
How one can be so negligent as to order "1 piece extended shell construction according to drawing" in writing yet otherwise as casually as ordering a pizza has now become a textbook example here why one cannot appreciate the value of a proper tender enough. Nothing in owner-occupied home construction offers more saving potential than avoiding such blank check house orders. Without a description of construction services and an agreement on execution deadlines (with penalties!!!) a general contractor construction contract is worthless!
I can only agree afterwards, of course. One did inform oneself, but as a layperson it is absolutely difficult. Then you rely on your contacts, get continually put off, and this is the result in the end..