Written assured completion date not met

  • Erstellt am 2010-12-20 20:07:58

n.luba

2010-12-20 20:07:58
  • #1
Hello,
which compensation payments can I claim if the contractually agreed completion date (ready for occupancy) is not met.
There is no weather clause for the ready-for-occupancy completion, only for the outdoor facilities...

Best regards
n.luba
 

Bauexperte

2010-12-20 21:35:06
  • #2
Hello,


What does your contract say?

Kind regards
 

n.luba

2010-12-21 08:24:09
  • #3


Hello,

the following: "...
The seller undertakes to make the contractual object ready for occupancy by 28.02.2011 at the latest and to complete it fully by 31.03.2011 at the latest.

If outdoor work cannot be carried out within this period due to seasonal reasons, the seller must perform it at an appropriate time. The acceptance of the contractual object upon readiness for occupancy is not affected by this. Delays in the construction of the object caused by circumstances for which the seller is not responsible, e.g. force majeure, strike, execution of special requests, extend the construction period by the duration of the delay.
..."

Best regards
n.luba
 

Bauexperte

2010-12-21 12:00:27
  • #4
Hello,

Then you still have plenty of time

If the above is the entire wording of your contract regarding the extension of the construction period, you have neglected to negotiate a compensation payment per day of delay. However: if the handover deadline is exceeded due to the current and likely still ongoing weather, you have no claim for damages anyway => force majeure.

Aside from the fact that the completion of the exterior facilities is in my opinion negligible, it looks different if the construction can be completed independently of the weather can (there are no delays due to the exclusions) and there are still "significant" exceedances of the contractually agreed construction period. Case law always decides on a case-by-case basis, whereby it must be taken into account that you can by no means claim an entire rent as damages.

If in the new year the construction period is exceeded, it is necessary to name the reasons for this and – if the fault is undoubtedly to be found with the construction company – you should create a list of the additional costs incurred by you and initially discuss and negotiate this with your construction company. Note: You must be able to prove each damage/additional expense in detail.

Kind regards
 

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