Withholding payment for defects in the shell construction

  • Erstellt am 2021-02-09 16:57:26

Tolentino

2021-02-11 15:58:35
  • #1
Oh mine is even worse. 43% up to load-bearing walls ground floor completed. So still before the intermediate ceiling. I was naive and under time pressure.
 

11ant

2021-02-11 16:13:42
  • #2

Look at it this way: then the payment plan always keeps the general contractor liquid ;-)
But the one from the original poster probably also has no real reason to pay his subs slowly.
 

Hausbau0815

2021-02-11 16:21:34
  • #3
Oh dear. You are only at 67% for the shell construction. You have paid for the windows, but they are not even installed yet. That is already immoral. The first installment is really hefty, 9% for the building permit! My general contractor 1 was already a criminal, and I can write that here because it is true and the public prosecutor’s office is now investigating him, but this is no joke either.
 

Tolentino

2021-02-11 16:28:57
  • #4
Yes, it gets even more extreme since, due to my many internal allocations, I actually reduce the contract sum of the general contractor, but he does not deduct these credit notes from the contract sum (and thus shorten each interim invoice) but only applies them to the interim payments that are due at the appropriate times. Thus, I am even at 81% by the window trade (which would also be an interim payment date). To be fair, one must say that the additional services do not increase the contract sum for the interim payments either but only become payable upon execution. Nevertheless, I will now always worry whether the defect remediation will go well, as my leverage is rather limited.
 

11ant

2021-02-11 16:32:00
  • #5

As long as an investigation is still ongoing, actually no. Only after a legally binding conviction.
 

Bookstar

2021-02-11 16:58:46
  • #6
That should be legally prohibited so that overpayment is no longer possible. Likewise, an expert should always be required, who can also quickly bring about a solution through an urgent application in court.

The process in D is extremely inefficient and completely ruins lives for no reason.
 
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