ᐅ Conduct/Consequences Regarding the Construction Company

Created on: 17 Jul 2022 13:40
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Kathi92
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Kathi92
17 Jul 2022 13:40
We have the following problem and are really at a loss now:

We started building our house in June 2021 and hired a construction company as the general contractor to deliver the turnkey project up to the finishing stage. Everything went smoothly at first, but construction then stalled due to delivery difficulties with steel/reinforcement for the intermediate ceiling. Over the winter, very little progress was made (roof, windows, and completion of brickwork). By March, the shell was finished and the roof was on.

The big problem is that the construction company continues to work at a snail's pace, which we can no longer tolerate. It has taken them a full 4 months just to complete all installations (electrical, plumbing). By the end of June, these were finally finished. To explain: they brought in an electrician from the local area who, after his regular 40-hour job, worked only about 1-2 hours in the evenings at our site. Often, he didn’t feel like working after his day job because he also wants to go home at some point. So, it dragged on forever. We didn’t even know this but found out from neighbors. This is not what we understood as subcontracting, as originally discussed. And this has been the pattern throughout. We constantly call and visit; 1. we hardly see anyone working, and 2. we are repeatedly promised, “Next week we’ll speed up,” “Our house is the top priority,” or “On day X, the interior plaster or screed will be done.” But it never happens.

We have been building for 13 months now and still haven’t even reached the stage of rough floor completion.

Originally, according to the schedule from June 2021, completion was planned for May 2022, assuming no setbacks like lockdowns. We were aware of that but made it clear at contract signing that we needed to move in by this summer at the latest (August 2022). They assured us this would work. Then they shifted to summer or June/July (due to material delivery issues).

In May, we approached them because it was already clear to us that finishing in June/July was impossible at their pace. We explained our situation: we absolutely must move in by the end of August. They said they would finish by the end of August, that they were now working continuously. We were promised drying equipment for the screed to catch up, all electricity costs covered as a goodwill gesture, and that screed and interior plaster would be done by the end of May. Then, we went on a two-week vacation in early June and came back shocked. We went to the house and nothing had happened. Zero progress. Just last week, we finally got the interior plaster. No sign of underfloor heating or screed. And the house is supposed to be handed over turnkey in about 6 weeks?

I can no longer listen to their stories and empty promises. Especially since we have an 18-month-old toddler and I am currently 5 months pregnant. So just staying in a hotel or with friends/family isn’t easy in this situation (and who pays for that?). The kitchen planner also refuses to take measurements without the screed, so we will be without a kitchen for weeks. A great situation with a child and baby. Our relationship is also suffering massively. This is the biggest source of conflict. It’s all a nightmare.

I already wanted to go to a lawyer, but what good would that do now if they can’t finish? The harshest letter won’t change anything. I can’t even count how many times we call and visit. It’s always the same empty talk. We didn’t agree on any contractual penalties due to Covid lockdowns since they couldn’t influence the construction then.

I am considering proposing that they complete the rough floor stage (screed) and then we finish the house ourselves with professional tradespeople. I think we would be much faster than them. Does anyone know what else we can do?

Thanks for reading!
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Axolotl-neu
17 Jul 2022 14:13
What is written in your contract regarding the handover date? What does the general contractor say in writing about the delay?

Otherwise, put the general contractor in default in writing and claim damages. Even if there is no specific penalty mentioned in the contract, the claim for damages is regulated by construction law. This can include, for example, the rent for a furnished apartment.
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Myrna_Loy
17 Jul 2022 14:35
I’m afraid you won’t be able to find any tradespeople on short notice. In our area, the usual response to inquiries is: not before 2024.
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Neubau2022
17 Jul 2022 14:55
That’s quite serious. What does the external construction supervisor say? Do they have any experience with the company? They might be able to mediate.

Since the project started in July 2021, the material shortage argument probably doesn’t hold. A construction company usually reserves or stores the materials. We started in November 2021, and the only item facing delivery issues is the ground source heat pump, which was ordered in February 2022. Have you already ordered the heat pump? Current delivery times are around 9 months.
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Kathi92
17 Jul 2022 15:14
Axolotl-neu schrieb:

What do you have written in the contract about the handover date? What does the general contractor (GC) say in writing regarding the delay?

Otherwise, put the GC in default in writing and claim damages. Even if the contract does not specify a penalty, the right to damages is regulated by construction law. This could, for example, cover the rent for a furnished apartment.


In writing, our construction contract states the latest completion date as 12/2022, mainly because it was unclear whether and to what extent one or more lockdowns might happen again. The original construction schedule, without this scenario, was set until May 2022.

In writing, almost nothing works there. They almost never respond by email but call instead. They are still somewhat old-fashioned here (no website, etc.). We have already sent many reminder emails, and often the reply was that they never received them. So, unfortunately, our agreements are mainly based on personal conversations.
Myrna_Loy schrieb:

I’m afraid you won’t get any tradespeople on short notice. In our region, the answer to inquiries is just: not before 2024.


Ufff… that sounds terrible.
Neubau2022 schrieb:

That’s serious. What does the external construction supervisor say? Does he have experience with the company? He might be able to mediate.

Since they started in July 2021, the material shortage shouldn’t be used as an excuse. A construction company usually reserves or stores the materials. We started in November 2021, and the only thing with delivery difficulties is the ground-source heat pump, which was ordered in February 2022. Have they already ordered the heat pump for you? Current delivery times are about 9 months.


We don’t have a construction supervisor; we would only bring in an expert at handover.

All materials are on site. Heat pump, flooring, our front door, etc. Everything is in their warehouse. They just need to install it and get things done.
i_b_n_a_n17 Jul 2022 15:43
By "written," I mean the traditional letter sent by mail. Preferably by registered mail with a return receipt. Even better if sent by a (specialist) lawyer.

I also ignore several emails every day 😉