ᐅ How much additional cost is expected based on the structural engineer’s calculations?
Created on: 11 Jun 2023 11:17
L
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
X
xMisterDx19 Jun 2023 23:42On what basis is she supposed to negotiate with the contractor? She has no understanding at all of what she signed—neither legally, professionally, technically, nor in any other way.
I agree if one has at least some knowledge of the subject. But here, after 25 pages of discussion, the original poster does not seem to grasp anything of what is being explained to her. In that case, I see no other option than to bring in an expert who can explain in a face-to-face conversation just how critical the situation is... because my impression is that personal bankruptcy could be imminent if she cannot get out of this contract.
I agree if one has at least some knowledge of the subject. But here, after 25 pages of discussion, the original poster does not seem to grasp anything of what is being explained to her. In that case, I see no other option than to bring in an expert who can explain in a face-to-face conversation just how critical the situation is... because my impression is that personal bankruptcy could be imminent if she cannot get out of this contract.
xMisterDx schrieb:
On what basis is she supposed to talk to the builder? She has no idea what she signed at all—neither legally, technically, nor in any other way.
I agree if someone has at least some understanding of the subject. But this has been discussed for 25 pages, and the original poster doesn’t seem to grasp any of the explanations given here.
In that case, I see no other option than to bring in a specialist who can explain face-to-face just how catastrophic the situation is… because my impression is that personal bankruptcy could be looming if this contract cannot be withdrawn from. Touché, but as the saying goes, tone is everything—and so far this hasn’t quite gotten through to the original poster. Understandably so, since this is a really major crisis for someone without expertise. That’s mainly what I was referring to.
Of course, both approaches can be combined. You can start with an informal conversation, get input from the general contractor, and still go to a specialized lawyer afterwards.
jrth2151 schrieb:
You can try to have an informal conversation and get input from the general contractor (GC).Without expert support, such as a building surveyor, a conversation like the one @Lauralila88 had with the GC is just a waste of time, since she cannot properly assess the content. That’s why I’ll quote myself:kbt09 schrieb:
I would
- conduct a complete inventory of all remaining expected costs with the help of an impartial expert
- evaluate whether you can still afford it
- seek legal advice to clearly understand the options for contract termination and their consequences
And after overall assessment of these steps, probably terminate the contract and then just not proceed with building.L
Lauralila8820 Jun 2023 06:36kbt09 schrieb:
... and so on.
So, what advice can we give you? You say you can’t spend more money. What options are left then?
I would
- conduct a complete inventory of all remaining expected costs with the help of an independent expert
- assess whether you can still afford this
- get legal advice to find out the possibilities for contract termination and the consequences with certainty
And after evaluating all these steps, probably terminate the contract and then 11ant schrieb:
You should—but I’ve already said this several times—clarify your situation with a specialist construction lawyer, get advice from her, and then proceed realistically. In my opinion, this will inevitably mean responding to the over-budget costs by reducing the size of the house by approximately 30 square meters. Burying your head in the sand and hoping for a miracle does not seem like a productive approach. And what would reducing the size by about 30 square meters roughly mean for the price? I looked around last night for a building surveyor; I want to know what to expect.
jrth2151 schrieb:
In general, based on my experience, this approach has worked best for me personally. In all respects. I am currently building my first house and, fortunately, have no problems, but I would handle it this way there as well. I understand your approach and generally find it reasonable. Starting with a conversation and staying factual and polite is certainly not a bad strategy. However, I don’t see an equal contractual partner on the other side here. To me, it seems like a company that is simply fishing for easy targets. They won’t be easy to negotiate with because that is precisely their business model.
K
KarstenausNRW20 Jun 2023 09:2011ant schrieb:
In my opinion, this will inevitably involve responding to the additional costs by reducing the house size by approximately 30 square meters (320 square feet).I just have a brief comment. Simply reducing the size by 30 square meters (320 square feet) can have a whole (potentially costly) chain reaction. I haven’t read the entire thread, but is the floor plan designed in a way that allows cutting out 30 square meters (320 square feet)? Will the house still function properly (layout of rooms, circulation, stairs, room sizes, etc.), or will a completely new design be necessary (which I assume is the case)? New building permit / planning permission or adjustments? And so on.