EdStark
2018-10-24 12:45:25
- #1
"insignificant remaining services" is also a trap. Significant is only what would prevent you from moving in, such as a missing window. A defective window, on the other hand, is only insignificant, since you can still live inside. Electrical wiring that only partially works is also insignificant, since you can still live inside. etc. So you always have to pay and then chase after the defect correction.
Experience: Company still gets money: the craftsman is at the construction site the next morning and fixes the defect. Company already has all the money: you get an appointment at the earliest in 4 weeks after long begging and threats with a lawyer.
Well, what does trap mean. It’s not that clear. On the other hand, you can understand the BU. If an outlet is crooked, I simply must not withhold payment to the electrical contractor. That is fair.
Are there really BUs that have this clause removed?
In the Construction Code it is actually clearly regulated: "If the costs of remedying a defect amount to at least 10% of the agreed remuneration, then a non-insignificant defect pursuant to § 640 para. 1 sentence 2 of the Construction Code is present, so that the client is entitled to refuse acceptance of the work. If the defect remedy costs amount to at least 10% of the agreed remuneration, this constitutes a not insignificant breach of duty by the contractor, so that the client's withdrawal from the contract is not excluded pursuant to § 323 para. 5 sentence 2 of the Construction Code."