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
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
To get back to the topic, since you have already signed and this constant lecturing is starting to annoy even me.
Your contract actually answers your question:
All costs arising from the structural engineering are the client’s responsibility. In your case, of course, the worst case is the seismic zone, but this risk is clearly stated in the contract and you have signed it accordingly.
Your contract actually answers your question:
Excavation engineering by the client
Note: for excavations of 4.00 m (13 feet) or deeper, a verification of the excavation statics is required – to be provided by the client
Landscaping, terraces, paths, parking spaces, etc. by the client
Slope stabilization, shoring works, as well as securing adjacent structures of any kind by the client
Demolition and removal or disposal of any structural elements by the client
Disposal of excavated material that is not needed or cannot be backfilled (see construction / scope of services description) by the client
Costs and services arising from requirements such as building permits / planning permissions, structural calculations, classifications according to seismic zones, and similar matters by the client
All costs arising from the structural engineering are the client’s responsibility. In your case, of course, the worst case is the seismic zone, but this risk is clearly stated in the contract and you have signed it accordingly.
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Lauralila8819 Jun 2023 15:20Lauralila88 schrieb:
Yes, we were aware of that. We have budgeted 50,000 euros for the on-site work.Can I leave the offer as it is, or is there a way to delete it? Because the company name is on it.
It’s best to call your site manager and ask for a meeting. Then you can sit down together and discuss all your concerns and issues in detail. Perhaps you can find solutions and ways to handle things informally, without immediately involving lawyers or experts. There might also be opportunities to save costs elsewhere. They have many more options available than you or we do. Although it might feel uncomfortable at first, continuing to proceed blindly won’t help. If you run out of money in the end, that doesn’t help the general contractor either. As the saying goes, “honesty is the best policy.” This is usually the best approach.
Afterwards, you will have a clear overview of everything and be able to fully understand all the problems.
And don’t sign anything without sleeping on it for 2-3 nights first! There are so many things to wait for during a build that a few more days won’t make a difference.
Afterwards, you will have a clear overview of everything and be able to fully understand all the problems.
And don’t sign anything without sleeping on it for 2-3 nights first! There are so many things to wait for during a build that a few more days won’t make a difference.
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hanghaus202319 Jun 2023 15:40A good construction manager can also evaluate the additional cost for the basement waterproofing system. The general contractor will not be of any help in this matter. Rather the opposite, as they profit from the contract with the basement builder.
kati1337 schrieb:
Having someone knowledgeable about building law would also be helpful, but that doesn’t necessarily make things financially easier. Regarding the contract, the damage is already done.The specialist lawyer can still help retrieve the situation, and the debt counselor can then do their best to mitigate the consequences.WilderSueden schrieb:
(when trades are subcontracted out, the planned profit usually remains with the company),Exactly. You put it very succinctly—would you let me use that as a principle to share further?Lauralila88 schrieb:
they said they can’t start with the detailed work planning otherwise.Waiving the right of withdrawal in exchange for an immediate start of work is a standard arrangement; it was just especially unwise in your case—especially after the unanimous warning.Lauralila88 schrieb:
the builder recommended that we exclude some tradesThe contractor doesn’t care whether you end up with a finished or only partially completed house when you’re out of funds. From their perspective, you are welcome to accept an unfinished job. Whether you then save for another twelve years for the exterior plaster doesn’t affect them.Lauralila88 schrieb:
we don’t have that in writing yet, but as soon as I do, I’ll share it hereYou didn’t sign the construction contract verbally, did you?Lauralila88 schrieb:
We do have a site manager with whom we are very satisfied so far.*ROTFL* before the first ground-breaking, they haven’t had a chance to mess up yet.Lauralila88 schrieb:
that doesn’t help me— isn’t the site manager responsible for construction supervision?Your site manager, yes, but not your contractor’s. Their tasks are: 1. to ensure no worker is left idle due to late material delivery; 2. to mediate between subcontractors; 3. to effectively cover up defects until the warranty expires. They have nothing to do with your interests—you, as the client, are contractually the opposing party!Lauralila88 schrieb:
A neutral construction management/supervision is included in the offer.That probably means they will obtain a quality seal from one of the well-known vehicle inspection organizations, nothing more. I recommended an (online) course to you where you learn to recognize such tricks, I believe?Lauralila88 schrieb:
can I just accept the offer as it is?Yes.jrth2151 schrieb:
Maybe there are solutions and ways to handle this informally, without immediately involving lawyers and experts. […] And don’t sign anything without sleeping on it for 2-3 nights! There are so many things you have to wait for in a build, a few extra days won’t matter.No, not another word without the lawyer—and every hour you involve them earlier counts!jrth2151 schrieb:
Maybe you can still save elsewhere.If the contract can no longer be dissolved, the lawyer’s goal should be, in my opinion, to convert the 143 square meters (sqm) to 113 sqm. And, SCNR, you could have gotten that more easily as a “Flair” (from Town & Country).https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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hanghaus202319 Jun 2023 15:54It says "basement according to plan." What exactly is specified there about the basement?