Hello,
After a lot of back and forth, we finally got a scheduled date for our house on November 25, 2020. At the beginning of September, we took the foundation slab out of the scope of our prefab house manufacturer and completed it ourselves so that the house could still be erected this year.
Then today we received a call from our house manufacturer saying that the window company delivered the windows incorrectly (exterior color inside and interior color outside). The installation date has been postponed indefinitely.
I understand that there is nothing we can do to have the house delivered this year, but are we entitled to any compensation? Should we get in touch with a lawyer?
Thank you very much in advance for your thoughts and opinions.
Best regards,
Susanne
After a lot of back and forth, we finally got a scheduled date for our house on November 25, 2020. At the beginning of September, we took the foundation slab out of the scope of our prefab house manufacturer and completed it ourselves so that the house could still be erected this year.
Then today we received a call from our house manufacturer saying that the window company delivered the windows incorrectly (exterior color inside and interior color outside). The installation date has been postponed indefinitely.
I understand that there is nothing we can do to have the house delivered this year, but are we entitled to any compensation? Should we get in touch with a lawyer?
Thank you very much in advance for your thoughts and opinions.
Best regards,
Susanne
MayrCh schrieb:
Shell house, exclusion of trades... the list can almost be continued indefinitely. No home builder will agree to include a final inspection date in the contract, as the customer can cancel it almost at will. It was included in our contract despite performing some work ourselves. It was simply recorded that if the self-performed work is delayed, the final inspection date will be postponed accordingly.
If something is written in the contract, you can of course take action. If not, it becomes difficult. I think the only option is if you really have to wait an unreasonable amount of time.
Y
YourValentine17 Nov 2020 11:35So 🙂
The exterior window color was supposed to be gray and the interior wood, but now it was delivered the other way around. (We were informed about this today, November 17, 2020, and the installation is scheduled for next Wednesday -> they haven’t just had the windows lying on site since today -> shouldn’t this have been noticed earlier?)
We removed the concrete slab from the contract in agreement with the developer. I have an email clearly stating that if we complete the slab by the end of September, the house will still be delivered in 2020. (The developer’s slab wouldn’t have been ready until January, which is why we made the change.)
The exterior window color was supposed to be gray and the interior wood, but now it was delivered the other way around. (We were informed about this today, November 17, 2020, and the installation is scheduled for next Wednesday -> they haven’t just had the windows lying on site since today -> shouldn’t this have been noticed earlier?)
We removed the concrete slab from the contract in agreement with the developer. I have an email clearly stating that if we complete the slab by the end of September, the house will still be delivered in 2020. (The developer’s slab wouldn’t have been ready until January, which is why we made the change.)
YourValentine schrieb:
We do not have a contractually agreed occupancy acceptance date (in hindsight, it’s really unfortunate that we don’t have one, but you always know better afterwards than before).Just this sentence alone invalidates any claim for compensation of any kind.Besides, on what grounds do you want to claim compensation? Have you actually suffered any damage now?
...the possible delayed move-in cannot be the reason, because you didn’t include a penalty for delay in the contract. Anything not regulated in the contract does not have to be fulfilled.
Y
YourValentine17 Nov 2020 12:08Of course, we are incurring a loss. We now have to cover the foundation slab over the winter, and we need to have the temporary construction electricity and water disconnected or continue paying for them over the next few months. Additionally, it cost us 5,000 euros more to build the foundation slab on our own, and now it looks like the house will be delivered next year (meaning the builder could have just as well done the foundation slab themselves). We have to pay rent for several more months, even though, according to the financing plan, we should have been living in the house since November. Furthermore, we are missing out on 10,000 euros of the KFW grant...
Y
YourValentine17 Nov 2020 12:11Here is an excerpt from our contract
MayrCh schrieb:
Aha. How am I supposed to understand that, dear @ypg? ... by asking the original poster a question that not everyone here has to answer speculatively, as you did.
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