ᐅ Execution planning agreed first – then excluded?

Good day to all forum readers and experts.

I have a small issue that I hope will be resolved soon. I signed a construction contract accompanied by an expert. It was agreed that the detailed construction planning (execution planning) is included. (We are building on our own land with a general contractor, and the building permit / planning permission was submitted two weeks ago).

The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."

Now, we have received a confirmation of the construction contract by registered mail stating: "No detailed construction plan will be created."

Our expert is currently on vacation, and I have initially asked the house seller for clarification by email this morning. I am looking forward to a response.

I can only explain it by assuming that the detailed construction plan is indeed created but not handed over to me. Or is it usually handled differently?

I hope to receive tips and answers here.

Hello,

cumpa schrieb:

It was agreed that the detailed construction planning is included.

If you are not building with an architect—which you are not—the detailed construction planning is almost always included in the price; when building through an architect, it is usually billed separately.

cumpa schrieb:

The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."

It’s unfortunate that your expert did not raise concerns about this wording _before_ signing the contract?! Expert training in the evening school?

The detailed plans are normally prepared during a technical planning meeting (some also call it an architect meeting) after the building permit / planning permission free of conditions has been issued and before construction begins, and these must be signed and approved by the client (i.e., you).

cumpa schrieb:

Now we have received a registered mail confirmation of the construction contract stating: "No detailed construction plan will be created."

This gets into legal advice territory, so I have to be careful what and how I respond. Clearly, the order confirmation deviates from the contract. You must object to this fact, regardless of whether it was formulated unintentionally or deliberately. Phone calls are hardly provable!

cumpa schrieb:

I can only explain this by assuming that a detailed construction plan is created but not handed over to me.

The contract and the confirmation contradict each other; I would not be so sure about that—especially since you must approve the detailed plans first.

cumpa schrieb:

Or is it usually different? I hope to get tips and answers here.

A detailed construction plan is necessary for every building project; otherwise, how would the tradespeople know what to do and where?

Regards, Bauexperte

Hello building expert,
I am building with a general contractor.
What is wrong with the phrase "detailed design is included for internal quality assurance"?
My building inspector (from the Homeowners’ Protection Association) recommended that the detailed design should be included in the contract.
The housebuilder invited me to a personal meeting to "clarify" this "disputed" point.
I initially declined the meeting and first sent a written objection by registered mail.
I’m curious to see what happens next. The salesperson only told me that he made a mistake by wording this sentence that way and including it in the contract.
He said his supervisor (owner of the housebuilding company) could explain this to me.
He also verbally confirmed that without the working drawings the house cannot be built, and that I have to approve them with my signature.

Good evening,

cumpa schrieb:

What is wrong with the phrase "Execution planning is included for internal quality assurance"?

The detailed construction plans should be in the hands of the craftsmen; that is what is wrong with it.

cumpa schrieb:

The house building company invited me to a personal meeting to "clarify" this "disputed" point. I initially declined the meeting.

Why? People who communicate can be helped.

Regards, Bauexperte

Hello building expert.
Of course, I could have listened to what he has to say. However, I prefer written communication.
Depending on what he writes, I can then either consult my building surveyor or my lawyer.
So far, I have no clear idea what they want to clarify with me or why the seller is supposed to have made the mistake of including the detailed construction drawings as "included" in the contract.
I only have a suspicion: that the company wants to build to a scale of 1:100 instead of 1:50.

The detailed design, or construction planning, is a significant architectural service. It is described in the HOAI. (Not to be confused with workshop planning).
I am not able to answer legal questions (contract law). I already recommend involving a construction lawyer at this stage. If such fundamental discrepancies arise this early, what will come next?