ᐅ Photovoltaic system and battery storage not completed at handover
Created on: 5 Sep 2022 08:47
J
Jack Storm
Hello,
I am new here and haven’t been able to find anything through the forum search. I hope someone can help me with the following issue:
I bought a house from Helma, or rather had a new one built. Apart from a few exceptions, I’ve been relatively satisfied so far. However, the final handover is now scheduled, even though the photovoltaic system is not yet connected and the battery storage has not been delivered. The site manager also couldn’t give me a completion date. Since I have already terminated my current rental, I definitely need to move out this month.
What should I do now? Should I postpone the handover indefinitely until everything is installed? Should I go ahead with the handover and document all defects? And how should Helma compensate me (since I cannot use the photovoltaic system and battery storage yet, resulting in significantly higher electricity costs)?
Is there anyone here with experience in this?
I look forward to your help.....
I am new here and haven’t been able to find anything through the forum search. I hope someone can help me with the following issue:
I bought a house from Helma, or rather had a new one built. Apart from a few exceptions, I’ve been relatively satisfied so far. However, the final handover is now scheduled, even though the photovoltaic system is not yet connected and the battery storage has not been delivered. The site manager also couldn’t give me a completion date. Since I have already terminated my current rental, I definitely need to move out this month.
What should I do now? Should I postpone the handover indefinitely until everything is installed? Should I go ahead with the handover and document all defects? And how should Helma compensate me (since I cannot use the photovoltaic system and battery storage yet, resulting in significantly higher electricity costs)?
Is there anyone here with experience in this?
I look forward to your help.....
I ordered a motorhome two years ago, and it still hasn’t arrived. For our vacation, I had to rent one at a high cost. The only legal option I have is to cancel the order, but that doesn’t help me either. And if all supply chains collapse and nothing is delivered on time, that counts as force majeure.
S
Stefan0015 Sep 2022 14:25Snowy36 schrieb:
I ordered a motorhome two years ago, and it still hasn’t arrived. For our vacation, I had to rent one at a high cost. The only legal option I have is to cancel, but that doesn’t help me either. And if all supply chains collapse and nothing is delivered on time, that is considered force majeure. No, that is not force majeure...
And of course, with a luxury item, you don’t have any quantifiable damages, at least none you can put a number on.
With a photovoltaic system, however, the damages can definitely be quantified. A real economic loss occurs. Whether it is worth the effort is another matter...
J
Jack Storm5 Sep 2022 15:39Thank you for the responses.
By the way, I have already spoken with the site manager. He basically confirmed that Helma should pay some compensation for the monthly damages incurred. Of course, he could not specify the amount of compensation. Also, this is just the opinion of the site manager so far and does not necessarily reflect Helma’s official position. It could also happen that Helma will not pay any compensation at all.
Of course, Helma is not responsible for the delivery delay. Neither am I. However, since I now have to service the loan I took out and the costs of living, as well as electricity and gasoline, have increased significantly (and will probably continue to rise), I would be very grateful for any relief, no matter how small. So if I am legally entitled to compensation, I will enforce it. I mentioned before that I am generally satisfied with Helma, but of course Helma has not given me anything for free either and has strictly adhered to every single contractual detail.
One additional piece of information: If the handover of the house is delayed by more than 2 weeks from now, Helma is contractually obligated to pay compensation due to the missed agreed construction deadline. That is why Helma is very keen to complete the handover as quickly as possible now.
By the way, I have already spoken with the site manager. He basically confirmed that Helma should pay some compensation for the monthly damages incurred. Of course, he could not specify the amount of compensation. Also, this is just the opinion of the site manager so far and does not necessarily reflect Helma’s official position. It could also happen that Helma will not pay any compensation at all.
Of course, Helma is not responsible for the delivery delay. Neither am I. However, since I now have to service the loan I took out and the costs of living, as well as electricity and gasoline, have increased significantly (and will probably continue to rise), I would be very grateful for any relief, no matter how small. So if I am legally entitled to compensation, I will enforce it. I mentioned before that I am generally satisfied with Helma, but of course Helma has not given me anything for free either and has strictly adhered to every single contractual detail.
One additional piece of information: If the handover of the house is delayed by more than 2 weeks from now, Helma is contractually obligated to pay compensation due to the missed agreed construction deadline. That is why Helma is very keen to complete the handover as quickly as possible now.
@Snowy36: Yes, you have a damage claim there. I also know people who were reimbursed for the rental costs of a replacement vehicle in exactly this situation. They had a fixed agreement with a delivery date. If you booked a vacation based on this trust and then need a replacement vehicle, in my opinion, you are also entitled to compensation—unless it is excluded in your contract.
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