ᐅ Construction delay without completion. The house simply isn’t getting finished.

Created on: 30 Jun 2022 13:14
D
Danieltt
Hello everyone,

I would like to know if you have had similar experiences or if you might have any helpful advice on how to best handle this situation.

At the beginning of 2021, we bought a terraced house from a small developer in North Rhine-Westphalia. The planned completion date was December 2021. However, the notarial contract stated March 2022 as the completion date.

Now it is already July 2022, and so far only the shell structure, including windows and electrical wiring, is finished.

The situation is that for weeks nothing happens on the construction site, and then occasionally a tradesperson works on it. In the entire year of 2022, work was done on the house on maybe 20 days.

The flat roof has been in progress for 4 months and is still not completed.

The developer always gives us excuses and assures us that everyone is trying to make progress (sometimes someone is sick with COVID-19, the tradespeople don't show up, the windows are not delivered, etc.).

However, we do not receive any updated completion date or written information about any delay or planned completion.

Have you had similar experiences? Has this kind of delay become normal due to the COVID-19 pandemic? Have you faced similar delays in house construction?

Do we even have any possibility to take action against this?
D
Danieltt
30 Jun 2022 15:36
SoL schrieb:

Nothing agreed = bad odds
He is already accommodating you with covering the costs. You are lucky there.

The legal standard was agreed upon. No fixed amounts. But that doesn’t help if the house is not completed and the money for compensation is not available at all....
H
hauskauf1987
30 Jun 2022 17:43
SoL schrieb:

No agreement = Bad odds
They are already being generous by covering the costs. You are lucky there.

If nothing specific has been agreed upon, it doesn’t mean the construction supervisor (BU) can take as long as they want...

A small construction supervisor doesn’t sound very reassuring. Insolvency could become an issue. With such a delay, I would definitely seek legal advice.
S
SoL
30 Jun 2022 18:36
hauskauf1987 schrieb:

If nothing specific has been agreed upon, that doesn’t mean the builder can take as long as they want...
No, it doesn’t, but the situation is clearly less favorable than if you had secured a higher standard in the contract (e.g., a fixed construction period and defined penalties for delays).

You should seek legal advice regardless.
Y
ypg
30 Jun 2022 18:40
hauskauf1987 schrieb:

A small construction loan doesn’t sound very good. Bankruptcy could definitely become an issue.
Yep..
Danieltt schrieb:

We have now agreed that all incurred costs will be invoiced (double rent / standby interest, etc.). We will send a monthly breakdown. A fixed contractual penalty was not agreed upon.
… especially if he promises more than he can deliver. If all 14 parties now submit these claims (which are generally justified), he could be bankrupt within a few days.
It’s quite an unfortunate situation!
D
Danieltt
30 Jun 2022 19:39
I believe that by now this can only be resolved with legal assistance. I will inform the builder in writing about this. I’m curious to see how he will respond.
K
kbt09
30 Jun 2022 19:59
@Danieltt ... no, first consult a lawyer to explore your options based on your contract, then weigh how and in what form to communicate with the builder (earlier you mentioned a developer, which would mean the complete house including the land).