Der Sachse
2020-02-06 18:05:08
- #1
Hello,
I am completely new here and need advice. We are building a house brick by brick. We have an architect who is also the construction manager. He took care of all trades during the tendering phase. We then decided on a structural builder who is responsible for the earthworks, slab, and shell construction, and signed a contract with him on 11.11.19. The following week, the construction site was set up (construction fence, large crane, construction trailer, and portable toilet). The contract stipulates that the work is to be completed by calendar week 10. A small penalty for delay (€50/day) is specified. Furthermore, it is stated that weather-related delays may occur. The period from 11.11.19 to week 10/2020 is 17 weeks. Under good conditions, the above-mentioned work can be completed twice in this time. The architect was repeatedly told to wait another 3 weeks in 3 phone calls due to the current weather conditions. However, the weather situation is not bad at all (no frost in the last 12 weeks, occasionally perhaps a little too much rain). When requesting a personal meeting, the company (a small medium-sized company) simply does not respond. I also tried myself and confronted the company with the weather data of the last 12 weeks since signing the contract and actually received a reply in which he again pointed to the bad weather (contrary to what I had sent) and called me a know-it-all in the last sentence.
Somehow we have now lost all trust in collaboration. As I said, since the construction site was set up, the company has not been on our property again. The theoretical completion date is in 4 weeks.
How should one behave now or how can one get out of the contract?
I am completely new here and need advice. We are building a house brick by brick. We have an architect who is also the construction manager. He took care of all trades during the tendering phase. We then decided on a structural builder who is responsible for the earthworks, slab, and shell construction, and signed a contract with him on 11.11.19. The following week, the construction site was set up (construction fence, large crane, construction trailer, and portable toilet). The contract stipulates that the work is to be completed by calendar week 10. A small penalty for delay (€50/day) is specified. Furthermore, it is stated that weather-related delays may occur. The period from 11.11.19 to week 10/2020 is 17 weeks. Under good conditions, the above-mentioned work can be completed twice in this time. The architect was repeatedly told to wait another 3 weeks in 3 phone calls due to the current weather conditions. However, the weather situation is not bad at all (no frost in the last 12 weeks, occasionally perhaps a little too much rain). When requesting a personal meeting, the company (a small medium-sized company) simply does not respond. I also tried myself and confronted the company with the weather data of the last 12 weeks since signing the contract and actually received a reply in which he again pointed to the bad weather (contrary to what I had sent) and called me a know-it-all in the last sentence.
Somehow we have now lost all trust in collaboration. As I said, since the construction site was set up, the company has not been on our property again. The theoretical completion date is in 4 weeks.
How should one behave now or how can one get out of the contract?