Withholding payment for defects in the shell construction

  • Erstellt am 2021-02-09 16:57:26

11ant

2021-02-10 02:05:01
  • #1
I probably expressed it too absolutely: I consider a misdiagnosis possible – in the mortar-"plastered" spots, the actual joint is ambiguously "visible" in the picture. I have attached where I see the incorrect spots. You should definitely involve one – but don't get your hopes up too high. That’s exactly where the problem lies: if the defects were indisputable or confirmed, the retention would be appropriate. But as it stands, it will surely become a matter of dispute. But even a high retention does not guarantee your security; read my explanations regarding the insolvency timing and the risk of repayment claims. If an administrator is appointed as a result of an insolvency filing, they will dispute the legitimacy of the retention, demand the withheld sum, and at best (and only at the end of a years-long process!) return a portion of it pro rata to you, provided you have registered your claims correctly and on time. Yes, that’s why I advised contacting a lawyer. It’s better if your lawyer addresses the other creditors than you do, and also the public prosecutor. Probably wanted to tell you something in other words but essentially the same direction as I did, namely that you should follow Dante’s advice and abandon all hope. The "old" Fleischerhaus thread was titled "Construction company stops work despite overpayment". And that’s probably what we’ll see here as well: even if you believe you have already overpaid measured by construction progress – and especially by "usable" construction progress – the general contractor will see it differently and will not officially terminate the contract but instead go into default on performance – which effectively also means zero construction (ruins) progress.
 

knalltüte

2021-02-10 07:38:37
  • #2


Considering the execution, I would also wonder why the excavation pit has already been backfilled. Isn't that rather unusual at this stage of construction (because of scaffolding)?

Was this possibly done to conceal errors/defects in the workmanship? Depending on how the rest of the planned waterproofing was carried out, this can lead to quite serious problems...

Overall, I think I detect a tendency in the comments that would be: You can't continue with this general contractor! Try to legally get out of this situation as quickly as possible (with a SPECIALIST lawyer & expert). At the same time, already look for alternatives (general contractor, contractors for individual contracts, etc.) but no hasty contracts :oops:

Of course, also roughly plan for major construction delays financially and logistically (moving, termination dates, follow-up trades, applications to utility providers) etc.
 

Snowy36

2021-02-10 09:58:55
  • #3


Yes, that’s exactly what I meant, or rather what I wanted to make clear to the OP (as unfair as it is): he can’t wait until the dispute is resolved because this general contractor will not continue for now… and due to insolvency, etc., he won’t see any money from him either… that’s why the beforehand sad realistic assessment (if the OP eventually wants to move into a house): it’s not going to happen with him anymore, you have to look for a new one in parallel and get out of the contract with the old one….
 

Kishihmen

2021-02-10 10:07:18
  • #4

How do I manage to make these defects "undisputed"? Do I even have a chance?



I have to elaborate a bit here. The basement was constructed by another shell builder. He worked very cleanly (was also approved by the expert). The problem was that he was also very slow (almost 4 months) - the result was that he too didn’t see any money in the end. According to the general contractor, due to the extreme delay and corresponding contractual penalties. Before leaving the construction site, the old shell builder involved the BG Bau, which then imposed a construction stop due to risk of falling until the excavation pit was filled in or other safety measures were taken.


Are there any experiences here?
Does a new general contractor take over the plans from the old one and continue building? How does the issue of warranty look in such a case? Or would an architect perhaps be more sensible?
 

Snowy36

2021-02-10 10:43:48
  • #5
Well, you're asking me something .... it will be hard to find someone who continues where the other left off because who wants to take responsibility for what someone else has messed up ... you are dependent on goodwill
 

icandoit

2021-02-10 10:46:56
  • #6
Who was responsible for the construction supervision? Construction supervision is the client's duty.

The defective execution of the separation layer between the buildings should have been noticed before concreting. Likewise, the missing sealing at the masonry wall.

The botched jobs seem to be common. As frequently criticizes in every second post.

Since the defects cannot be remedied with reasonable effort, the general contractor will not eliminate the defects.

I would refuse partial acceptance; then payment can be negotiated with the contractor (insolvency administrator).

Prepare your counterclaims well. In my opinion, they exceed the total advance payment.

Are you building both halves of the house?
 

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