ᐅ Construction delay without completion. The house simply isn’t getting finished.
Created on: 30 Jun 2022 13:14
D
Danieltt
Hello everyone,
I would like to know if you have had similar experiences or if you might have any helpful advice on how to best handle this situation.
At the beginning of 2021, we bought a terraced house from a small developer in North Rhine-Westphalia. The planned completion date was December 2021. However, the notarial contract stated March 2022 as the completion date.
Now it is already July 2022, and so far only the shell structure, including windows and electrical wiring, is finished.
The situation is that for weeks nothing happens on the construction site, and then occasionally a tradesperson works on it. In the entire year of 2022, work was done on the house on maybe 20 days.
The flat roof has been in progress for 4 months and is still not completed.
The developer always gives us excuses and assures us that everyone is trying to make progress (sometimes someone is sick with COVID-19, the tradespeople don't show up, the windows are not delivered, etc.).
However, we do not receive any updated completion date or written information about any delay or planned completion.
Have you had similar experiences? Has this kind of delay become normal due to the COVID-19 pandemic? Have you faced similar delays in house construction?
Do we even have any possibility to take action against this?
I would like to know if you have had similar experiences or if you might have any helpful advice on how to best handle this situation.
At the beginning of 2021, we bought a terraced house from a small developer in North Rhine-Westphalia. The planned completion date was December 2021. However, the notarial contract stated March 2022 as the completion date.
Now it is already July 2022, and so far only the shell structure, including windows and electrical wiring, is finished.
The situation is that for weeks nothing happens on the construction site, and then occasionally a tradesperson works on it. In the entire year of 2022, work was done on the house on maybe 20 days.
The flat roof has been in progress for 4 months and is still not completed.
The developer always gives us excuses and assures us that everyone is trying to make progress (sometimes someone is sick with COVID-19, the tradespeople don't show up, the windows are not delivered, etc.).
However, we do not receive any updated completion date or written information about any delay or planned completion.
Have you had similar experiences? Has this kind of delay become normal due to the COVID-19 pandemic? Have you faced similar delays in house construction?
Do we even have any possibility to take action against this?
P
Pinkiponk1 Jul 2022 07:53Danieltt schrieb:
We had already thought that money would simply run short there. But we just have to wait, right? Isn’t there a lawyer, business administrator, or someone similar among the 14 builders (couples?) who could make solid suggestions? You 14 (+14?) have probably already formed a kind of "interest group," haven’t you?
The others are all surprisingly relaxed about the situation. Right now, no one is really taking action. Everyone assumes the houses will be completed—just much, much later. Which is possible. But insolvency is also not unlikely, since everything seems to be planned right to the limit. Well, now a professional will probably have to determine the best course of action. We only pay for completed work. But the situation is definitely difficult...
Danieltt schrieb:
The others seem surprisingly relaxed about all this. At the moment, no one is really taking action. Everyone assumes the houses will be completed—just much, much later. Which is possible. But insolvency is also quite likely since everything seems planned down to the last detail. Well, now a professional will probably have to determine the best course of action. We only pay for completed work anyway. But the situation is definitely problematic... The question you need to ask yourselves is: Can someone else finish building the house for you with the unpaid items and your remaining budget?
And does the builder have any claim (insolvency administrators are ruthless about this) to payments you are not aware of? And so on...
So, I also believe legal advice is absolutely essential, as well as a cautious approach. I consider trying to settle your additional costs later to be very risky—especially if insolvency actually occurs. Then you may have to pay first and only recover your costs through pro rata distribution (with a 1-5% payout if you’re lucky :oops 🙂 afterwards.
I am always amazed at how naive many people (myself included) are when handling what is usually the biggest investment of their lives. With the mindset of "It will work out."
Yes, legal advice is probably advisable here.
The main focus is on completing the project. Perhaps a modification of the contract could be made so that you pay the contractors and materials directly, and the builder only receives payment for coordination. At least if there hasn’t been too much advance payment already.
The main focus is on completing the project. Perhaps a modification of the contract could be made so that you pay the contractors and materials directly, and the builder only receives payment for coordination. At least if there hasn’t been too much advance payment already.