ᐅ How much additional cost is expected based on the structural engineer’s calculations?

Created on: 11 Jun 2023 11:17
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Lauralila88
Hello,

I have to admit that we approached the house construction quite naively...

We have already signed the detailed construction plans, and now the construction company wants us to waive our right to special termination in writing – is that even legal?

Now to the main question: we signed a fixed price contract (turnkey), but the site manager said that the price might change again after the structural engineer's calculations???? I mean, we won’t make any more changes to the plans, and we have already budgeted with the bank based on the known price – is this normal? It feels like buying a pig in a poke!

Best regards
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hanghaus2023
18 Jun 2023 22:13
I am still missing the exact wording of the contract. Now it’s already a watertight concrete structure. Doesn’t the architect know that this is an earthquake-prone area? That you are not allowed to install drainage there either? Is this your architect or the builder’s architect?
kati133718 Jun 2023 22:23
11ant schrieb:

So, what about your right of withdrawal? You can’t keep using it indefinitely! Now quickly contact the lawyer I mentioned for you in my post #40!

What 11ant is saying seems to me the only lifeline you have. Get out of there if you still can, before you end up in personal bankruptcy.
11ant18 Jun 2023 23:30
hanghaus2023 schrieb:

I’m still missing the exact text of the contract. Now it’s supposedly a waterproof concrete shell. Does the architect not know this is an earthquake zone? Or that drainage isn’t allowed there? Is this your architect or the builder’s?

As I understood the original poster, this is basically a figurehead architect appointed by the general contractor (GC), apparently only responsible for “phases 3 and 4” of the services, meaning just extracting the building permit application from design drawings obtained from who knows where. I suspect the original poster brought those drawings themselves, i.e., the ones used to request bids, which simply get “traced over” and pushed through the permit process. The client of the architect is the GC; the limited scope of phases 3 and 4 means the architect’s professional liability toward the GC is minimal. And the original poster basically has no claims against anyone for this negligence, since German contract law allows freedom of contract and assumes laypersons run certain risks. That’s why I advised the original poster to consult the lawyer I recommended here, who I believe is the right fit.
kati1337 schrieb:

What 11ant says is the only lifeline for you. Get out if you still can, before you end up in personal bankruptcy.

Yes, absolutely urgently. Projected additional costs of 30,000 euros with exactly zero added value to the loan collateral (and we still don’t know whether removing the basement—which wouldn’t fix the foundation problem itself—is even feasible with the property). I can already see the bank potentially withdrawing its financing commitment, and if the original poster continues to delay canceling the contract, they will be stuck with a construction contract that the GC will want to be bought out of at a high price. The bottom line: tens of thousands of euros plus all the legal “funeral” costs on top for nothing but a shattered building dream. This is no longer something that a debt counselor can fix with kind words alone. Either the original poster can still pull the emergency brake, or they’ve set themselves back by years with one signature.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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Lauralila88
19 Jun 2023 06:49
hanghaus2023 schrieb:

I’m still missing the exact contract texts. Now it’s already a waterproof concrete shell ("white tub"). Does the architect not know that this is an earthquake zone? And that no drainage system is allowed there either? Is this your architect or the building contractor’s?

The architect works only with H&H but also with other construction companies. He also has his own website. H&H only has contract partners.
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Lauralila88
19 Jun 2023 06:51
WilderSueden schrieb:

Did you not receive any list of requirements for the fixed price? I remember that nationwide providers in Germany gave us such lists showing which wind load, snow load, and seismic zone are prerequisites.


I have to mention that h&h stated in their documents that a foundation slab might be necessary, which could lead to significantly higher costs. However, they could have informed us beforehand that we are in seismic zone 3, or we should have done more thorough research ourselves.
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Lauralila88
19 Jun 2023 06:56
11ant schrieb:

Indirectly, you have at least confirmed that besides this strange provider, you only know Gabriele’s favorite Heinz and a shell construction company – which is dangerously little for someone signing expensive contracts. You still haven’t answered my question whether the basement was required due to the slope of the land (maybe because I didn’t ask it in German as a foreign language???).

Eight thousand is a lot of money just for an “architect” (note the quotation marks) who basically only draws a floor plan onto the site plan, with elevations and sections added, but just simple pictures WITHOUT the actual technical basis. The fact that service phase 1 is listed at the very beginning is no joke. In a proper architect contract, such carelessness would be a matter for the architect’s professional liability insurance. What about your right of withdrawal? You can’t keep postponing that forever!
Now, quickly go to the lawyer I mentioned for you in my post #40!

In the same post, I also linked a questionnaire for you to fill out, which you can do even without prior learning success.

No, the basement was not required due to the slope of the site. We actually had to waive our special termination right. I suspect we can no longer get out of the contract.