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!
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!
W
WilderSueden17 Jul 2022 22:45Kathi92 schrieb:
You. Especially since verbal side agreements (“all the talk around it”) can indeed be legally binding, particularly as we have not established a requirement for written contracts. The problem with verbal agreements is proving them. If you now also have a written contract that states exactly the opposite (completion in December), that doesn’t necessarily help your case either.
Yes, communication often falls short. Small construction companies often don’t have a dedicated project coordinator, the office staff may not be able to provide construction-related information, and much is handled via mobile phone since very few houses are actually built at a desk. However, the site manager should be reachable during business hours.
The bank has something to do with the construction schedule? Payments are only made when the interim payment request (I have actually forgotten the technical term now) is submitted in writing, not just based on the schedule. For example, we didn’t have a construction schedule at all for this reason, because clients can get quite nervous and the general contractor wasn’t able to commit to fixed dates.
I didn’t understand this point: had you already terminated your apartment back then? That would have been quite early, wouldn’t it? Over a year in advance?
Yes! It was pointed out that it’s difficult to find tradespeople.
I would also add the fact that the electricity for the construction dryers is probably no longer paid for by the general contractor, even though they had offered to cover this.
It’s understandable that the general contractor is patching holes. Most likely they have taken on one project too many for their capacity.
Your situation is already difficult. However, it seems that a large degree of naivety was involved from the start. The general contractor has December on the schedule.
You are not the only ones affected, neither the first nor the last. Logistics companies have specialized in storage services, and holiday apartments offer special rental rates for a quarter.
Kathi92 schrieb:
this was signed and also submitted to the bank accordingly. The bank also followed the construction schedule.
The bank has something to do with the construction schedule? Payments are only made when the interim payment request (I have actually forgotten the technical term now) is submitted in writing, not just based on the schedule. For example, we didn’t have a construction schedule at all for this reason, because clients can get quite nervous and the general contractor wasn’t able to commit to fixed dates.
Kathi92 schrieb:
Why would I voluntarily sign the contract with that clause if I don’t have a place to stay for 4 months afterwards?
I didn’t understand this point: had you already terminated your apartment back then? That would have been quite early, wouldn’t it? Over a year in advance?
bauenmk2020 schrieb:
Has anyone here in the forum addressed this question so far?
Yes! It was pointed out that it’s difficult to find tradespeople.
I would also add the fact that the electricity for the construction dryers is probably no longer paid for by the general contractor, even though they had offered to cover this.
It’s understandable that the general contractor is patching holes. Most likely they have taken on one project too many for their capacity.
Your situation is already difficult. However, it seems that a large degree of naivety was involved from the start. The general contractor has December on the schedule.
You are not the only ones affected, neither the first nor the last. Logistics companies have specialized in storage services, and holiday apartments offer special rental rates for a quarter.
Hausbau081518 Jul 2022 05:48Kathi92 schrieb:
Thank you for your response!
I don’t quite agree with you. Especially since verbal side agreements (“all the talk around it”) can indeed be legally binding, especially as we have not agreed to a written form requirement. Why would I voluntarily sign the contract with that clause if I have no place to live for 4 months afterward? At signing, it was clearly stated that it MUST be finished by summer at the latest. That was agreed upon, along with the signed building plan.
Tomorrow we will contact a lawyer and have a formal letter drafted. Maybe that will have an effect.You can save yourselves the trip to the lawyer and the expense. You have no legal claim against the general contractor. A contract is a contract. And this one states the completion date as December 31, 2022. Nothing else matters. Lawyers charge based on the dispute value. In your case, that would likely be the entire contract amount and a considerable sum. I know what I’m talking about, as my own legal disputes have already cost a lot of money.
H
HilfeHilfe18 Jul 2022 06:27Kathi92 schrieb:
The agreed and signed construction schedule is from May this year, so it does have some value, right? Especially since there are no worst-case scenarios (like lockdowns); according to the contract, completion should have been no later than the end of 2022.
We signed under these conditions that the project must be finished this summer (there is also an email about this, which has once again gone unanswered). We are not moving out for no reason – but because the contract ends.
It’s almost misleading. Hello,
sorry to be so blunt. But December is still five months away. You agreed to this and should have planned accordingly. The company has plenty of excuses why they aren’t finished earlier (material shortages, tradespeople, etc.).
You can save your money on a lawyer.
Kathi92 schrieb:
I don’t quite see it the way you do. Especially since verbal side agreements (“all the talk around it”) can indeed be legally valid, particularly because we did not set a written form requirement. Why would I voluntarily sign the contract with the clause if I then have no place to live for 4 months? At the time of signing, it was clearly stated that it must be completed by summer at the latest. That was agreed upon, along with the signed building plan. Verbal side agreements are probably sufficient when it comes to things like changing the door swing or other relatively minor matters. However, for contractual issues, in my opinion, it is very difficult to prove these side agreements if the general contractor suddenly cannot remember them or denies them. Also consider: what do you gain from this? A lawsuit won’t proceed any faster, and finding replacement tradespeople to finish the unfinished work of the previous contractor will likely be very challenging!
We also received a construction schedule, but at no point was this a binding handover agreement. Overall, we had about a one-month delay according to the schedule, but the completion was right on time as stipulated in the contract.
As much as I’m sorry to say, I agree with the other members that you will have a very tough time enforcing anything legally.
I would recommend focusing on applying pressure now. Normally, I’m not the type to use personal circumstances to gain advantage, but I would consider mentioning how this situation affects your emotional well-being and, consequently, your pregnancy, etc. Sometimes playing the sympathy card gets you further than just factual arguments.
I’m experiencing something similar with our garden and landscaping contractor... Our site has been halted for a week because another client is upset—the client’s wife refused to move in until everything was finished. So now everyone is there working on that job and won’t be back to us until midweek...