Hello again,
here is the situation: The construction company has informed us that there will likely be a two-month delay (move-in ready beginning of February instead of the planned end of November) and admits that it is their fault (they started too late overall). They want to compensate us for the two months by covering our ongoing apartment rent as well as the resulting construction loan interest during this period. Condition: If we carry out any work on the house ourselves during the delay period (i.e., December/January), such as painting preparation while the screed is drying or laying vinyl after the screed has dried, they will reduce the compensation by four weeks.
The company justifies this as a form of protection in case we accidentally cause any damage through our work, arguing that the house remains their property more or less until full completion.
Question: Is this common practice? Is it regulated by law? So far, these arrangements have only been communicated verbally; we have requested a written document and are still waiting, as the manager is apparently on vacation... [To clarify beforehand: No contractual penalty was agreed upon.]
here is the situation: The construction company has informed us that there will likely be a two-month delay (move-in ready beginning of February instead of the planned end of November) and admits that it is their fault (they started too late overall). They want to compensate us for the two months by covering our ongoing apartment rent as well as the resulting construction loan interest during this period. Condition: If we carry out any work on the house ourselves during the delay period (i.e., December/January), such as painting preparation while the screed is drying or laying vinyl after the screed has dried, they will reduce the compensation by four weeks.
The company justifies this as a form of protection in case we accidentally cause any damage through our work, arguing that the house remains their property more or less until full completion.
Question: Is this common practice? Is it regulated by law? So far, these arrangements have only been communicated verbally; we have requested a written document and are still waiting, as the manager is apparently on vacation... [To clarify beforehand: No contractual penalty was agreed upon.]
andimann schrieb:
Hi,
The client is the principal, I have no general terms and conditions. The penalty is stated in the contractor’s draft contract.
The quote probably refers more to the contractual arrangements between the main contractor and subcontractors. Sorry, you were too quick, I noticed it myself and deleted the post.
If no penalty clause has been agreed upon, the debtor—in this case, the general contractor—must first be formally put into default.
The (imminent) default is already acknowledged here and should be documented in writing.
The full damage from the moment the default occurs must be compensated, and only that, with no limitation.
Without concrete damage, no money can be claimed!
The (imminent) default is already acknowledged here and should be documented in writing.
The full damage from the moment the default occurs must be compensated, and only that, with no limitation.
Without concrete damage, no money can be claimed!
Otus11 schrieb:
No money without actual damage to the property!Exactly. That is why the term "compensation for damages" is used.
andimann schrieb:
Hi,
I was told that the painter has to cover the floor anyway, whether there are tiles already or not. Apparently, tile adhesive doesn’t stick well to paint.
Best regards,
Andreas Of course, that’s correct. The painter cannot completely glue or smear the floor. But without floor covering, they can cover the floor more carelessly, and a few spots are not a problem at all. If you install wallpaper and flooring, you will usually finish the walls first and then the floor, even though it is also possible to work on the walls with finished floors (for example during renovations a few years later). It simply makes things much easier.
Basically, there is little a painter can damage during drying time. They could cover the windows with paint, but first, you would clearly see that the paint came from the painter, and second, the windows are usually still sealed with plastic film. They basically cannot ruin walls or floors; there are no interior doors installed yet, no final sanitary installations, and definitely no stairs yet. Of course, the painter could damage the heating, but that would not make much sense. Overall, there’s not much the painter can damage inside the house that would justify excluding warranty claims by the general contractor.
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