Since I received great support [here] earlier, I would like to describe what I hope will be the last major point of dispute and ask for your assistance:
Contractual move-in date: June 1, 2016
Completion of outdoor landscaping according to contract: June 15, 2016
When we had the handover on June 1, I asked whether the outdoor landscaping would be finished on time. The response was that it probably wouldn’t be achievable. The next day, I inquired again if there was an update on whether the landscaping could be done by June 19, as we planned to have a birthday celebration then. The site manager’s trivial comment was: “Maybe there will already be a layer of gravel.”
As expected, it did not happen. To this day, the entire outdoor landscaping is not completed — the curbs have been installed, but only a few days ago.
A small side note: On June 14, I happened to get in touch with someone who had ordered the same terrace slabs we had chosen. He strongly advised against them, saying he had only problems with those slabs. We then decided on different ones and informed the construction company. At that point, we did not even have a written offer for the terrace extension or the cost of the new slabs. On June 28 (!!), the site manager asked me again which slabs exactly we wanted so they could be ordered.
On Wednesday, July 6, the site manager was at our place again to discuss another defect. When I asked why the adjacent semi-detached house, which is unoccupied, already had its terrace paved but the pathway to our house was still bare, he snapped: “You changed your terrace slabs!” When I pointed out that at least the pathway could be done, he said nothing more. The neighbor’s terrace uses the same paving slabs as our pathways.
After I insisted with the workers, at least the entrance was paved since there was almost a half-meter (about 1.5 feet) height difference there. By the way, today the driveway to the garage was paved.
Yesterday, Thursday, we had an appointment with the construction company. They explained that the company and their representatives had set July 1, 2016, as the move-in date, and therefore July 15, 2016, for the outdoor landscaping.
We politely pointed out that this is not our problem, since our notarized contract states June 15. The contract also specifies that if payment is late, we would owe 5% interest on the amount due, but unfortunately, nothing is regulated in the opposite case.
Their reaction was just that things like this do happen and that they are on the safe side, etc.
We did receive an offer for the terrace yesterday.
The company owner wants to review the case calmly and get back to us. However, his son already hinted that he knows how his father will decide in this matter.
Now the interesting question: What would be considered a justified compensation? I have tentatively scheduled an appointment with a lawyer (next Friday), who of course expects payment upfront. I am trying to avoid that for now, but if they keep being inflexible, I will have to bite the bullet.
I would like to exclude the terrace from this, as it wouldn’t have been finished on time either with the other slabs anyway, since they hadn’t even been ordered.
Thank you very much and have a nice weekend.
Contractual move-in date: June 1, 2016
Completion of outdoor landscaping according to contract: June 15, 2016
When we had the handover on June 1, I asked whether the outdoor landscaping would be finished on time. The response was that it probably wouldn’t be achievable. The next day, I inquired again if there was an update on whether the landscaping could be done by June 19, as we planned to have a birthday celebration then. The site manager’s trivial comment was: “Maybe there will already be a layer of gravel.”
As expected, it did not happen. To this day, the entire outdoor landscaping is not completed — the curbs have been installed, but only a few days ago.
A small side note: On June 14, I happened to get in touch with someone who had ordered the same terrace slabs we had chosen. He strongly advised against them, saying he had only problems with those slabs. We then decided on different ones and informed the construction company. At that point, we did not even have a written offer for the terrace extension or the cost of the new slabs. On June 28 (!!), the site manager asked me again which slabs exactly we wanted so they could be ordered.
On Wednesday, July 6, the site manager was at our place again to discuss another defect. When I asked why the adjacent semi-detached house, which is unoccupied, already had its terrace paved but the pathway to our house was still bare, he snapped: “You changed your terrace slabs!” When I pointed out that at least the pathway could be done, he said nothing more. The neighbor’s terrace uses the same paving slabs as our pathways.
After I insisted with the workers, at least the entrance was paved since there was almost a half-meter (about 1.5 feet) height difference there. By the way, today the driveway to the garage was paved.
Yesterday, Thursday, we had an appointment with the construction company. They explained that the company and their representatives had set July 1, 2016, as the move-in date, and therefore July 15, 2016, for the outdoor landscaping.
We politely pointed out that this is not our problem, since our notarized contract states June 15. The contract also specifies that if payment is late, we would owe 5% interest on the amount due, but unfortunately, nothing is regulated in the opposite case.
Their reaction was just that things like this do happen and that they are on the safe side, etc.
We did receive an offer for the terrace yesterday.
The company owner wants to review the case calmly and get back to us. However, his son already hinted that he knows how his father will decide in this matter.
Now the interesting question: What would be considered a justified compensation? I have tentatively scheduled an appointment with a lawyer (next Friday), who of course expects payment upfront. I am trying to avoid that for now, but if they keep being inflexible, I will have to bite the bullet.
I would like to exclude the terrace from this, as it wouldn’t have been finished on time either with the other slabs anyway, since they hadn’t even been ordered.
Thank you very much and have a nice weekend.
I believe you have a misunderstanding of what constitutes a construction defect.
I wonder how you managed to get through the entire building process. Shouldn't you have developed stomach ulcers by now, hoping for some financial compensation?
Now, regarding your question:
I cannot imagine that your move-in was contractually fixed.
Could it have been the handover instead? That would make the clause regarding the exterior landscaping more understandable.
So, I’m naturally wondering what parts of your statement are exaggerated, misinterpreted, or correct.
I’m not trying to question your entire post here...
First, the delay in the landscaping happens to suit you perfectly since you want to change the materials. Now you’re asking for compensation due to the delay.
Where I’m from, people would say: “Are you serious?”
I don’t believe you are experiencing a defect that would justify claiming compensation.
Moreover, you changed the materials afterward. From that point on, the delay in completion no longer counts, as it was your own responsibility.
At least that’s my layperson’s opinion!
Stay relaxed—have a nice weekend.
P.S. Otherwise, I refer once again to the contract that was signed. Maybe it says something about the exterior landscaping or the delay. We don’t know the contract!
I wonder how you managed to get through the entire building process. Shouldn't you have developed stomach ulcers by now, hoping for some financial compensation?
Now, regarding your question:
wrack schrieb:
Contractual move-in date: 01.06.2016
Completion of exterior landscaping according to contract: 15.06.2016
I cannot imagine that your move-in was contractually fixed.
Could it have been the handover instead? That would make the clause regarding the exterior landscaping more understandable.
So, I’m naturally wondering what parts of your statement are exaggerated, misinterpreted, or correct.
wrack schrieb:
When we had the handover on 01.06., I asked if the exterior landscaping would be completed on time. The answer was that it probably wouldn’t be done. The next day I asked again,
I’m not trying to question your entire post here...
First, the delay in the landscaping happens to suit you perfectly since you want to change the materials. Now you’re asking for compensation due to the delay.
Where I’m from, people would say: “Are you serious?”
I don’t believe you are experiencing a defect that would justify claiming compensation.
Moreover, you changed the materials afterward. From that point on, the delay in completion no longer counts, as it was your own responsibility.
At least that’s my layperson’s opinion!
Stay relaxed—have a nice weekend.
P.S. Otherwise, I refer once again to the contract that was signed. Maybe it says something about the exterior landscaping or the delay. We don’t know the contract!
ypg schrieb:
I believe you have a misunderstanding of what constitutes a construction defect.
I wonder how you managed to get through the entire build. Didn’t you develop any ulcers hoping for financial compensation?
Now, to your question:
I can’t imagine that your occupancy date was contractually fixed.
Could it have been the handover instead? That would make the clause about the exterior landscaping more understandable.
So, of course, I’m curious what exactly you are exaggerating, misinterpreting, or getting right.
I don’t want to question the entire post now…
The delay of the exterior landscaping happens at just the right time because you want to change the materials, and now you want compensation for the delay.
Where I’m from, people would say: “Are you serious?”
I don’t think you are experiencing a defect for which compensation can be expected.
Besides, you changed the materials afterwards. From that point on, any delay in performance no longer counts because it’s your fault.
That’s at least my layman’s opinion!
Stay relaxed — have a nice weekend
P.S. I would also refer you again to the contract that was signed. Maybe there is something about exterior landscaping or delays. We don’t know the contract!For me, this is a legal defect — a contractual matter that was either not executed as agreed or where there is a timing discrepancy.
How do you want to settle a defect like this? Does the company then always send someone to do the garden for you? In my opinion, such issues can only be resolved financially — hmm, maybe it should be the secretary after all.
Yes, it states “ready for occupancy by 01.06.2016 (June 1, 2016) according to the building specification and fully completed by 15.06.2016 (June 15, 2016).”
No, it won’t be ready. I would have also liked to park my car in the garage or pick up my motorcycle from the rented garage to cancel that lease…
Apparently, you haven’t read everything carefully. The terrace should be excluded because we changed the slabs ourselves there. But the entire access path (40 m² (430 ft²) with paving of the garage area) could have been completed. You are comparing apples and oranges here. The paving has absolutely nothing to do with the terrace slabs.
As I already wrote (I’m wondering, did you even read this or did you just want to make a comment?), nothing about delays is mentioned — only in case we were late with payments.
Next, please.
wrack schrieb:
As I already wrote (I’m wondering, did you even read it or just want a comment point?), there is nothing mentioned about delay—only about late payment..Please stay calm.
I certainly do not depend on receiving response points (see my profile)!
However, just as in your reply to my post, I notice a lot of emotion mixed with unobjective expressions.
Building a house teaches you patience—but it really seems that you built with a developer, so you haven’t faced the “minor troubles” yourself and are already upset about the defect, such as not being able to hold a planned garden party as intended, or having to walk on unfinished paths.
Of course, it is your right to request the contract.
That said—this is not legal advice—go to a lawyer and issue a reasonable deadline for compliance regarding the installation. I think that would typically be between 2 weeks and 1 month.
Landscape contractors especially struggle with terraces or driveways... even more so if additional work has been agreed upon. They have to calculate costs carefully, and multiple site visits mean extra expenses. So usually, they wait until everything is ready and then work intensively within about a week.
If the homeowner keeps requesting changes or additions, it causes further delays.
I understand you want everything finished as quickly as possible, but often things just don’t go that way...
If the homeowner keeps requesting changes or additions, it causes further delays.
I understand you want everything finished as quickly as possible, but often things just don’t go that way...
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