ᐅ Completion Date in a General Contractor Agreement – Wording Guide
Created on: 28 May 2019 21:26
G
goalkeeper
Hello everyone,
Our general contractor agreement states that the property will be ready for occupancy 10 months after construction starts, with the completion date set at 12 months.
However, we want to phrase this clause so that the property must be ready for occupancy within 2020 under any circumstances, as otherwise we won’t qualify for the homebuyer subsidy. Another issue is that the site development work is still ongoing, but according to the project manager, it should be finished by September. This also needs to be included somehow in the clause.
Can anyone knowledgeable assist here?
Our general contractor agreement states that the property will be ready for occupancy 10 months after construction starts, with the completion date set at 12 months.
However, we want to phrase this clause so that the property must be ready for occupancy within 2020 under any circumstances, as otherwise we won’t qualify for the homebuyer subsidy. Another issue is that the site development work is still ongoing, but according to the project manager, it should be finished by September. This also needs to be included somehow in the clause.
Can anyone knowledgeable assist here?
goalkeeper schrieb:
The entire contract has already been reviewed by a lawyer—I didn’t want to pay €220 (about $240) per hour net again. And what exactly did they do for that, if checking whether it meets your requirements wasn’t included?
goalkeeper schrieb:
However, we want to word the clause so that the house must be ready for occupancy in 2020 at the latest, otherwise we won’t qualify for the child benefit grant. Forget it. If otherwise you would miss out entirely because the grant period would end, maybe that would still be plausible. But expecting compensation from them because you "earned too much" the following assessment year goes too far. And without a penalty clause, a guarantee hardly makes sense.
So: let it go. Plan for the worst case—meaning the house might be smaller by about the grant amount (or the mortgage accordingly higher)—that seems like the most practical advice.
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Above all, the site development work is still ongoing. This means the plots may not even have been surveyed yet. This process can take quite some time. For example, at our notary appointment (Feb 17), we were promised that the plots would be developed by summer 17. In reality, it was April 18. With surveying and mortgage registration, it was then June 18. There are so many “ifs” involved that you just have to let it run its course.
On the other hand, my neighbor is now in the 14th month of their construction project. There is definitely no guaranteed completion date. Not even contractually. What does exist, for example, is a penalty of 10€ per day for delays after the 9th or 12th month, but that doesn’t really bring much satisfaction.
On the other hand, my neighbor is now in the 14th month of their construction project. There is definitely no guaranteed completion date. Not even contractually. What does exist, for example, is a penalty of 10€ per day for delays after the 9th or 12th month, but that doesn’t really bring much satisfaction.
G
goalkeeper29 May 2019 06:58Zaba12 schrieb:
First of all, the infrastructure work is still ongoing. This means the plots may not even be surveyed yet. This process can take a long time. For example, at our notary appointment (Feb 17), we were promised the plots would be connected to utilities by summer ’17. It actually happened in April ’18, and with surveying and land charge registration, it was June ’18. There are so many “ifs” involved that you can only wait and see.
On the other hand, my neighbor’s construction project is now in its 14th month. There is definitely no guaranteed completion date, not even contractually. What does exist are penalties, like €10 per day after the 9th or 12th month, but that won’t make you happy. All plots have already been surveyed, soil reports are also ready, infrastructure work finished earlier than planned, building permits can be applied for, and the development area will be open by October at the latest. Notary appointment is in four weeks.
Land charge registration will be completed for us within 4-6 weeks, so much so that the notary did not even know why a ranking certificate was needed.
There are also municipalities that work properly and within deadlines. I live almost next to the development and am keeping track of progress and occasionally speak with the site manager.
I appreciate you pointing out various problems that can arise. However, my question has not been answered yet.
G
goalkeeper29 May 2019 07:00Tego12 schrieb:
Offer the site manager half of the government child benefit if he finishes on time? The managing director is also the site manager – he already earns enough.
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