Work contract with general contractor - questions about the offer

Proven and reasonable compensation for damages.

Exactly, you have to prove damage first and then you can demand compensation. If the other party rejects the claim (which is to be expected), you have to sue. Good luck! To avoid this, you can agree on: 100 euros per working day beyond the completion date ... something like that. A specialist lawyer for construction law provides useful text modules. This may be less than the actual damage in individual cases, but it is an immediate claim that does not have to be litigated first.

In the Real Estate Agent and Property Developer Ordinance, I even find final rates of 5%.

There it states 5% of the remaining amount if 30% for the land (after the start of earthworks) have been paid first. And 5 * 70 / 100 = 3.5. Whether the general contractor (from whom you are not buying land anyway) should therefore agree to 5% is doubtful.

They absolutely did not want to remove it.

Then that’s how it is and it would be okay for me, as long as the overall price of the general contractor is okay (including the 4000 euros). Sounds silly, but I would still hire my own consultant, independent of the general contractor.

Or better to focus on the points of completion date, payment schedule and withholding as well as the exclusion of the expert?

Well, you want to optimize the whole package and presumably you won't find a general contractor where everything (!) fits, even the price.

Which aspects are particularly important to you, we cannot say. For me, build quality is above all. Then punctuality. The payment schedule should be assessed taking into account the general contractor’s solvency. Is he close to bankruptcy or does he appear solid according to the figures? Annual financial statements can be found in the Federal Gazette. Often the financing bank, if available, can also give advice.

And then: You never know in advance who you are dealing with. There are supposed to be general contractors who keep the completion date they gave by handshake. And then there are contracting parties where you only have what was once signed in black and white. How your counterpart ticks, you may only find out afterwards. Annoying in housebuilding, which is usually done only once and in which you invest “everything”. A dilemma.

1) and 3) I consider important. 1) After a quick shell construction, the interior work is now progressing rather slowly with us. 3) This point also struck me as unpleasant during the construction phase. The civil engineer selected by our general contractor was much too expensive and I had to put it out to tender myself. Ultimately, you should obtain offers from a civil engineer before signing, if possible.

For me, construction quality is above all else. After that, adherence to deadlines.

1) After a quick shell construction, the interior work is now progressing rather slowly with us

The scheduling issue has been mentioned several times now. If I focus on that, at the moment I see no alternative option but to conclude the contract only after the building permit approval. Otherwise, no general contractor in the world will guarantee a fixed completion date. Especially since he does not carry out the earthworks himself; he will say that he has no influence on the external service providers.

Another disadvantage would be that the execution planning would also only take place after the approved building permit and so more time would be lost. In this context, it would be interesting to know how long execution planning takes? The preliminary design planning took almost half a year.

For us, it is also very important that progress moves swiftly after the building permit is approved. A fixed completion date two months later would also be preferable to a statement like "nine months after construction start," which is vague. But especially on this point, I have the feeling there will be little willingness to compromise.

Otherwise, no general contractor in the world would guarantee a fixed completion date. Especially since he doesn't do the earthworks himself; he will just say that he has no influence on the external service providers.

Then he wouldn't be a general contractor. His subcontractor = his vicarious agent = his commitment.

He can't give a date before the approval, only a time frame. Simply because the starting signal is not within his power.

After the approval, further planning goes quickly: static and structural analysis are included, so they are already settled upon approval and no longer require changes. Ventilation flaps for intermediate doors yes or no, relocating the dressing room partition wall and the like are quickly drawn.

Execution plans are definitely extremely important. This is not a run-of-the-mill hut where you can get by with constant improvisations. Every hour less at the drawing board here means an extra day (per person) on the construction site.

So, I still see quite some work (and time that it requires) in planning. But I don't see any more extra laps for detailed discussions coming.

We had a guaranteed date starting from the signature (1 year). I think the building permit must be processed within three months after the application. That is quite manageable for a contractor who does this kind of thing frequently. You just have to have an approvable plan in hand.

Then he wouldn't be a GU. His subcontractor = his agent = his commitment.

He does not offer the earthworks within the framework of the contract for work - not even with a SUB.