Hello,
Now the conclusion of the contract is imminent. However, we still want to include quite a few things in the contract for work or in the construction description. For example, the additional earthworks or higher prices for tiles. Our position is not so favorable, as it kind of looks like "Take it or leave it – if you don’t want it that way, the next interested party is already lined up!"
This is not necessarily the classic developer contract; rather a "normal" contract for work, where in addition the land is assigned to the contractor. This is different from a pure developer contract, where, for instance, any additional costs for the foundation – as far as negotiated – are borne by the developer.
But we don’t want to accept everything like that and pay an extra charge for everything... especially as this is supposed to be handled with additional agreements after signing the contract. We want to negotiate beforehand! Does anyone have tips on how this could be done most cleverly in our position?
First of all – documenting later changes via an additional agreement is not only necessary but also a helpful tool. You have control over any possible additional or reduced costs at all times and only confirm their validity with your signature. You give me a bit the impression that you don’t yet have the most knowledge about your construction project?
Of course, you have to address all things you want to change, expand, or remove "before" signing the contract for work. It is often the case – especially for price reductions – that a certain fee remains with the provider for processing if a service is removed only after signing the contract for work. However, it is important that you can also "read" the construction description and "understand" the contract for work! More than ever applies here: "What is not recorded in writing is regarded as not purchased."
Would it be an option to say that otherwise we will commission various trades elsewhere? Should these trades actually be removed before signing or only later?
For example, I only remove trades from the contract if our contractually owed service is completed beforehand. It has a lot to do with possible problems regarding responsibility for warranty claims. Since I have seen some serious issues in the years I have been doing this job, this is a non-negotiable point. I would rather forgo the contract for work.
This is also the point where you are somewhat backed into a corner. If you want the land, you have to make compromises or take the risk that the contractor seeks another client. However, you should not cling to the land at all costs. A comparable plot will be offered again; of that I am fairly sure ;)
And finally, since I believe you really have little understanding of what you are doing – seek competent help. Both regarding the pre-contractual phase and the later construction supervision; these should preferably be two different people.
Rhenish regards