Hello,
we have a problem with our builder.
According to the plans, we agreed with the builder that a basement window would be made smaller and a patio door would be installed in the kitchen. Both of these points are included in the purchase contract.
In January, our basement was poured, and after the formwork was removed, we noticed that a wide basement window was planned again at that location. I informed the seller about this 3 weeks ago (both in writing and by phone). He said he would get back to me, but since then I have not been able to reach him. Today we visited the construction site again and found that the walls of the ground floor are being raised, and that the opening for the patio door in the kitchen is missing. The wall was simply built through at this point. Furthermore, we found that agreed changes to the locations of other patio doors and windows were also not carried out.
When I looked at the very first plans we had from the builder, I realized that the measurements currently being used on site are exactly those shown in the original plans.
What can we do now? I have already pointed out these defects to the builder by email and will try again tomorrow to contact the site manager and the seller.
The basement window and the patio door are specified in the purchase contract and notarized. We have also paid for these additional features. The builder has known about the requested window relocations for a month, and I approved the plans for the architect 10 days ago. They should therefore be available to the builder.
What rights do I have against the builder? The larger basement window is located directly below the patio door, which makes creating a proper entrance only possible with considerable additional costs.
we have a problem with our builder.
According to the plans, we agreed with the builder that a basement window would be made smaller and a patio door would be installed in the kitchen. Both of these points are included in the purchase contract.
In January, our basement was poured, and after the formwork was removed, we noticed that a wide basement window was planned again at that location. I informed the seller about this 3 weeks ago (both in writing and by phone). He said he would get back to me, but since then I have not been able to reach him. Today we visited the construction site again and found that the walls of the ground floor are being raised, and that the opening for the patio door in the kitchen is missing. The wall was simply built through at this point. Furthermore, we found that agreed changes to the locations of other patio doors and windows were also not carried out.
When I looked at the very first plans we had from the builder, I realized that the measurements currently being used on site are exactly those shown in the original plans.
What can we do now? I have already pointed out these defects to the builder by email and will try again tomorrow to contact the site manager and the seller.
The basement window and the patio door are specified in the purchase contract and notarized. We have also paid for these additional features. The builder has known about the requested window relocations for a month, and I approved the plans for the architect 10 days ago. They should therefore be available to the builder.
What rights do I have against the builder? The larger basement window is located directly below the patio door, which makes creating a proper entrance only possible with considerable additional costs.
Skaddler schrieb:
I know that this reaction is almost automatic when the term developer is mentioned. But is it really necessary every time and in this case? Knowing the exact correct term here doesn’t really help him, does it?!It is important to know who the client is in this situation!
Additionally, clarifying this beforehand saves time. Nothing is worse than having to cover all possible scenarios blindly in your response.
eric2610 schrieb:
The basement window and the patio door are specified in the purchase contract and notarized.This already strongly suggests a developer. Whether that makes a difference for the issue, I’m not sure. Probably, an expert won’t help much here either, as it’s not exactly a hidden defect.
B
Bauexperte11 Feb 2015 00:42Good evening,
Have you received updated execution plans and approved them with your signature?
By the way, Yvonne is not entirely wrong; the constant confusion of these terms is quite frustrating. However, the contracting party—in both cases, whether with the developer or the general contractor—owes the contractual performance. In the case of a developer contract, the question arises how far (in terms of time) changes to the specifications are actually possible after the contract has been signed.
Best regards, Bauexperte
eric2610 schrieb:In general: If changes are made to the original design, these must be approved in writing by the client on the then-current plans. The changes must subsequently be incorporated into the execution plans and presented to the client again for signature. In my opinion, a simple approval via email or note to the architect is not sufficient, as the architect could be a potential source of error.
After looking up the very first plans we had from the developer, I noticed that the measurements currently used in the construction are exactly those shown in the original plans.
Have you received updated execution plans and approved them with your signature?
By the way, Yvonne is not entirely wrong; the constant confusion of these terms is quite frustrating. However, the contracting party—in both cases, whether with the developer or the general contractor—owes the contractual performance. In the case of a developer contract, the question arises how far (in terms of time) changes to the specifications are actually possible after the contract has been signed.
Best regards, Bauexperte
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