We have the following problem and are really at a loss now:
We started building our house in June 2021 and hired a construction company as the general contractor to deliver the turnkey project up to the finishing stage. Everything went smoothly at first, but construction then stalled due to delivery difficulties with steel/reinforcement for the intermediate ceiling. Over the winter, very little progress was made (roof, windows, and completion of brickwork). By March, the shell was finished and the roof was on.
The big problem is that the construction company continues to work at a snail's pace, which we can no longer tolerate. It has taken them a full 4 months just to complete all installations (electrical, plumbing). By the end of June, these were finally finished. To explain: they brought in an electrician from the local area who, after his regular 40-hour job, worked only about 1-2 hours in the evenings at our site. Often, he didn’t feel like working after his day job because he also wants to go home at some point. So, it dragged on forever. We didn’t even know this but found out from neighbors. This is not what we understood as subcontracting, as originally discussed. And this has been the pattern throughout. We constantly call and visit; 1. we hardly see anyone working, and 2. we are repeatedly promised, “Next week we’ll speed up,” “Our house is the top priority,” or “On day X, the interior plaster or screed will be done.” But it never happens.
We have been building for 13 months now and still haven’t even reached the stage of rough floor completion.
Originally, according to the schedule from June 2021, completion was planned for May 2022, assuming no setbacks like lockdowns. We were aware of that but made it clear at contract signing that we needed to move in by this summer at the latest (August 2022). They assured us this would work. Then they shifted to summer or June/July (due to material delivery issues).
In May, we approached them because it was already clear to us that finishing in June/July was impossible at their pace. We explained our situation: we absolutely must move in by the end of August. They said they would finish by the end of August, that they were now working continuously. We were promised drying equipment for the screed to catch up, all electricity costs covered as a goodwill gesture, and that screed and interior plaster would be done by the end of May. Then, we went on a two-week vacation in early June and came back shocked. We went to the house and nothing had happened. Zero progress. Just last week, we finally got the interior plaster. No sign of underfloor heating or screed. And the house is supposed to be handed over turnkey in about 6 weeks?
I can no longer listen to their stories and empty promises. Especially since we have an 18-month-old toddler and I am currently 5 months pregnant. So just staying in a hotel or with friends/family isn’t easy in this situation (and who pays for that?). The kitchen planner also refuses to take measurements without the screed, so we will be without a kitchen for weeks. A great situation with a child and baby. Our relationship is also suffering massively. This is the biggest source of conflict. It’s all a nightmare.
I already wanted to go to a lawyer, but what good would that do now if they can’t finish? The harshest letter won’t change anything. I can’t even count how many times we call and visit. It’s always the same empty talk. We didn’t agree on any contractual penalties due to Covid lockdowns since they couldn’t influence the construction then.
I am considering proposing that they complete the rough floor stage (screed) and then we finish the house ourselves with professional tradespeople. I think we would be much faster than them. Does anyone know what else we can do?
Thanks for reading!
We started building our house in June 2021 and hired a construction company as the general contractor to deliver the turnkey project up to the finishing stage. Everything went smoothly at first, but construction then stalled due to delivery difficulties with steel/reinforcement for the intermediate ceiling. Over the winter, very little progress was made (roof, windows, and completion of brickwork). By March, the shell was finished and the roof was on.
The big problem is that the construction company continues to work at a snail's pace, which we can no longer tolerate. It has taken them a full 4 months just to complete all installations (electrical, plumbing). By the end of June, these were finally finished. To explain: they brought in an electrician from the local area who, after his regular 40-hour job, worked only about 1-2 hours in the evenings at our site. Often, he didn’t feel like working after his day job because he also wants to go home at some point. So, it dragged on forever. We didn’t even know this but found out from neighbors. This is not what we understood as subcontracting, as originally discussed. And this has been the pattern throughout. We constantly call and visit; 1. we hardly see anyone working, and 2. we are repeatedly promised, “Next week we’ll speed up,” “Our house is the top priority,” or “On day X, the interior plaster or screed will be done.” But it never happens.
We have been building for 13 months now and still haven’t even reached the stage of rough floor completion.
Originally, according to the schedule from June 2021, completion was planned for May 2022, assuming no setbacks like lockdowns. We were aware of that but made it clear at contract signing that we needed to move in by this summer at the latest (August 2022). They assured us this would work. Then they shifted to summer or June/July (due to material delivery issues).
In May, we approached them because it was already clear to us that finishing in June/July was impossible at their pace. We explained our situation: we absolutely must move in by the end of August. They said they would finish by the end of August, that they were now working continuously. We were promised drying equipment for the screed to catch up, all electricity costs covered as a goodwill gesture, and that screed and interior plaster would be done by the end of May. Then, we went on a two-week vacation in early June and came back shocked. We went to the house and nothing had happened. Zero progress. Just last week, we finally got the interior plaster. No sign of underfloor heating or screed. And the house is supposed to be handed over turnkey in about 6 weeks?
I can no longer listen to their stories and empty promises. Especially since we have an 18-month-old toddler and I am currently 5 months pregnant. So just staying in a hotel or with friends/family isn’t easy in this situation (and who pays for that?). The kitchen planner also refuses to take measurements without the screed, so we will be without a kitchen for weeks. A great situation with a child and baby. Our relationship is also suffering massively. This is the biggest source of conflict. It’s all a nightmare.
I already wanted to go to a lawyer, but what good would that do now if they can’t finish? The harshest letter won’t change anything. I can’t even count how many times we call and visit. It’s always the same empty talk. We didn’t agree on any contractual penalties due to Covid lockdowns since they couldn’t influence the construction then.
I am considering proposing that they complete the rough floor stage (screed) and then we finish the house ourselves with professional tradespeople. I think we would be much faster than them. Does anyone know what else we can do?
Thanks for reading!
A
Axolotl-neu17 Jul 2022 15:47Kathi92 schrieb:
In writing, our construction contract stipulates a completion date no later than 12/2022,So the general contractor still has almost half a year left. Everything is in order and on schedule.This doesn’t help you right now, but at this point you can only do one thing: talk to the general contractor. Anything else doesn’t make sense because a) the contractor is still fully on schedule and b) you have no claims until the end of the year. If you move out of your apartment beforehand, it is—although I hesitate to say it—simply your own personal and self-made problem.
Axolotl-neu schrieb:
So the general contractor (GC) still has almost half a year. Everything is fine and on schedule.
That doesn’t help you right now, but at this point, you can only do one thing: talk to the GC. Anything else doesn’t make sense because a) the GC is still fully on schedule, and b) you therefore have no claims until the end of the year. If you move out of your apartment before then, it’s— I almost don’t want to say it— simply your own personal, self-inflicted problem.However, the agreed and signed construction schedule is for May of this year, so that should count for something, right? Especially since there are no worst-case scenarios (like lockdowns); according to the contract, completion should have been by the end of 2022 at the latest.
We signed under these conditions that it must be finished this summer (there is also an email about this, which, once again, has gone unanswered). We are not moving out for fun — but because the contract is ending.
This is almost bordering on misleading.
M
Myrna_Loy17 Jul 2022 16:30Kathi92 schrieb:
The agreed and signed construction schedule is from May of this year, so it does have some value, right? Especially since there are no worst-case scenarios (like lockdowns); according to the contract, completion would have to be by the end of 2022 at the latest.
Under these conditions, we signed that it must be finished this summer (there is also an email about this, which has gone unanswered again). We are not moving out for fun – but because the contract ends.
It’s almost misleading. However, the contract is binding, not the construction schedule, unless the contract explicitly states that the end of 2022 only applies under condition XY, otherwise May 2022 applies.
You will likely have to consult a specialist lawyer. Only they can assess your contract and your options.
Myrna_Loy schrieb:
However, the contract is binding, not the construction schedule, unless the contract explicitly states that the end of 2022 only applies under condition XY and otherwise May 2022.
You will likely need to consult a specialist lawyer. Only they can assess your contract and options. The contract is probably structured so that December 2022 is binding, especially since delivery delays exist and deviations from the construction schedule can be justified. Therefore, consulting a lawyer beforehand would have been more advisable.
Musketier schrieb:
Presumably, the contract is structured so that December 2022 is binding, especially since delivery difficulties exist and therefore deviations from the construction schedule can be justified. In this respect, consulting a lawyer beforehand would have been more sensible.Even if the material is already with the general contractor? That seems to be the case, so in that case the deviation would not be justifiable, right?A
Axolotl-neu17 Jul 2022 17:36Kathi92 schrieb:
Originally, according to the schedule, it was June 2021, later changed to May 2022 Kathi92 schrieb:
In writing, we have the construction contract stating the latest completion date as 12/2022 Axolotl-neu schrieb:
What is written in the contract about the handover date? Myrna_Loy schrieb:
Unless the contract explicitly states that the end of 2022 only applies under condition XY, and otherwise May 2022. Musketier schrieb:
The contract is probably structured so that 12/2022 is binding So, let’s get straight to the point. WHAT EXACTLY DOES THE CONTRACT SAY???
And I don’t mean what you interpret from the contract. I mean the "literal wording." Otherwise, no one here can help you.
First you say May 2022, then suddenly something about 12/2022 and some conditions.
Make up your mind and share the contract details with us...