Hello again,
here is the situation: The construction company has informed us that there will likely be a two-month delay (move-in ready beginning of February instead of the planned end of November) and admits that it is their fault (they started too late overall). They want to compensate us for the two months by covering our ongoing apartment rent as well as the resulting construction loan interest during this period. Condition: If we carry out any work on the house ourselves during the delay period (i.e., December/January), such as painting preparation while the screed is drying or laying vinyl after the screed has dried, they will reduce the compensation by four weeks.
The company justifies this as a form of protection in case we accidentally cause any damage through our work, arguing that the house remains their property more or less until full completion.
Question: Is this common practice? Is it regulated by law? So far, these arrangements have only been communicated verbally; we have requested a written document and are still waiting, as the manager is apparently on vacation... [To clarify beforehand: No contractual penalty was agreed upon.]
here is the situation: The construction company has informed us that there will likely be a two-month delay (move-in ready beginning of February instead of the planned end of November) and admits that it is their fault (they started too late overall). They want to compensate us for the two months by covering our ongoing apartment rent as well as the resulting construction loan interest during this period. Condition: If we carry out any work on the house ourselves during the delay period (i.e., December/January), such as painting preparation while the screed is drying or laying vinyl after the screed has dried, they will reduce the compensation by four weeks.
The company justifies this as a form of protection in case we accidentally cause any damage through our work, arguing that the house remains their property more or less until full completion.
Question: Is this common practice? Is it regulated by law? So far, these arrangements have only been communicated verbally; we have requested a written document and are still waiting, as the manager is apparently on vacation... [To clarify beforehand: No contractual penalty was agreed upon.]
Correct, tiles are the responsibility of the general contractor (GC), while painting is an owner-supplied task or hired independently from the GC. As mentioned, the painter wants to properly prepare the ceilings before the tiles are installed, and for the walls, he will of course mask off after the tiles are in place.
Hi,
this is getting off-topic, but anyway:
Apart from the fact that I would never sign such a contract, can a general contractor (GC) legally lock out the owner? *looking confused*
This is not a rental situation (as a landlord, of course, I cannot just enter the apartment), but I am hiring the GC to work for me. It’s clear and logical that I am taking the risk walking around a potentially unsecured construction site, and only the construction manager has authority over the tradespeople. The construction manager is accountable to me for this...
However, it should not only be suitable for a holiday rental, and that also costs significantly more than 50 €/night for 4 people.
Here in the Nuremberg area, during trade fairs it can get really bad; you can easily pay 500 euros per night for two hotel rooms. And this is not even at the Sheraton...
On top of that, there are additional costs: furniture storage; two moves instead of one planned; potentially more driving around, etc.
Such a contractual penalty is supposed to put some pressure on the GC and motivate them to progress quickly. I see our own site left idle every week.
Today the scaffolder showed up a full 10 days late.
The painter stood us up today and will come on Wednesday or Thursday, if you can believe that.
After two weeks of constant calls, the electrician finally restored the construction power connection in the building, but only after the temporary power box outside was disconnected... and so on.
At the moment, they just do whatever is most profitable, not what was agreed in the schedule.
At work, I could (could, not must, because this never happens there) fire suppliers out the door (after unleashing every lawyer imaginable on them), but here I can’t...
Best regards,
Andreas
this is getting off-topic, but anyway:
Apart from the fact that I would never sign such a contract, can a general contractor (GC) legally lock out the owner? *looking confused*
This is not a rental situation (as a landlord, of course, I cannot just enter the apartment), but I am hiring the GC to work for me. It’s clear and logical that I am taking the risk walking around a potentially unsecured construction site, and only the construction manager has authority over the tradespeople. The construction manager is accountable to me for this...
Bauexperte schrieb:
Usually, it is enough just to pay the ongoing rent; even a temporary holiday apartment.
If you think providers enjoy leaving a construction site idle, you are naive
However, it should not only be suitable for a holiday rental, and that also costs significantly more than 50 €/night for 4 people.
Here in the Nuremberg area, during trade fairs it can get really bad; you can easily pay 500 euros per night for two hotel rooms. And this is not even at the Sheraton...
On top of that, there are additional costs: furniture storage; two moves instead of one planned; potentially more driving around, etc.
Such a contractual penalty is supposed to put some pressure on the GC and motivate them to progress quickly. I see our own site left idle every week.
Today the scaffolder showed up a full 10 days late.
The painter stood us up today and will come on Wednesday or Thursday, if you can believe that.
After two weeks of constant calls, the electrician finally restored the construction power connection in the building, but only after the temporary power box outside was disconnected... and so on.
At the moment, they just do whatever is most profitable, not what was agreed in the schedule.
At work, I could (could, not must, because this never happens there) fire suppliers out the door (after unleashing every lawyer imaginable on them), but here I can’t...
Best regards,
Andreas
Talk to the head of the company:
Tell him that your painter would like to start work soon, and you have heard that a higher compensation amount is usually common.
Since you are looking for a good solution for everyone, suggest that he pays you rent plus interest for the entire period, but the painter can still start earlier.
Hopefully, this will make everyone happy.
Tell him that your painter would like to start work soon, and you have heard that a higher compensation amount is usually common.
Since you are looking for a good solution for everyone, suggest that he pays you rent plus interest for the entire period, but the painter can still start earlier.
Hopefully, this will make everyone happy.
Hi,
I was told that the painter has to cover the floor anyway, whether the tiles are already in place or not. Tile adhesive apparently doesn’t stick well to paint.
Best regards,
Andreas
LuziEva schrieb:
The painter, as mentioned, wants to finish preparing the ceilings before the tiles are installed,
I was told that the painter has to cover the floor anyway, whether the tiles are already in place or not. Tile adhesive apparently doesn’t stick well to paint.
Best regards,
Andreas
andimann schrieb:
Hi,
I was told that the painter has to cover the floor anyway, whether tiles are already installed or not. Apparently, tile adhesive doesn’t stick well to paint.
Best regards,
AndreasHmm, thanks for the tip. However, our painter initially doesn’t plan to work with paint before the tiles are installed, but only to prepare the ceilings—that means filling, sanding, and priming (?). So no paint should drip onto the floor at that stage.
Hi,
The client is the principal here; I don’t have general terms and conditions. The penalty is stated in the contractor’s draft contract.
The quote probably refers more to contract arrangements between general contractors and subcontractors.
Best regards,
Andreas
Musketier schrieb:
A penalty clause in the client’s general terms and conditions generally constitutes an unreasonable disadvantage,
The client is the principal here; I don’t have general terms and conditions. The penalty is stated in the contractor’s draft contract.
The quote probably refers more to contract arrangements between general contractors and subcontractors.
Best regards,
Andreas
Similar topics