Hello everyone,
Is the removal of a temporary construction road normally included in a shell construction contract or excavation work?
Background: I hired a construction company to carry out the shell construction for my extension with a basement. For the excavation, the construction company subcontracted another company, which I later paid directly (not through the construction company). A temporary construction road was necessary for the shell construction/excavation. Now I’m being told that the removal of this construction road was not part of the offer and, if at all, would need to be separately commissioned and paid for.
My question is: How is this usually handled? To me, this would be like a plasterer leaving their tape and protective sheets inside the house after finishing their work and leaving the removal to the homeowner because it wasn’t explicitly included in the contract.
Looking forward to your answers.
Thanks in advance and best regards,
F.
Is the removal of a temporary construction road normally included in a shell construction contract or excavation work?
Background: I hired a construction company to carry out the shell construction for my extension with a basement. For the excavation, the construction company subcontracted another company, which I later paid directly (not through the construction company). A temporary construction road was necessary for the shell construction/excavation. Now I’m being told that the removal of this construction road was not part of the offer and, if at all, would need to be separately commissioned and paid for.
My question is: How is this usually handled? To me, this would be like a plasterer leaving their tape and protective sheets inside the house after finishing their work and leaving the removal to the homeowner because it wasn’t explicitly included in the contract.
Looking forward to your answers.
Thanks in advance and best regards,
F.
B
Bauexperte8 Nov 2016 23:32herrsten schrieb:
That is a matter of opinion: No.
herrsten schrieb:
... it at least seems as if it is not "normal" ... I would appreciate it if you would follow the forum rules and update your profession in your profile!
Regards, Bauexperte
H
HilfeHilfe10 Nov 2016 07:28tomtom79 schrieb:
And just got a backlash in the other forum with the same statements!Some people are simply resistant to advice, but there are also lawyers who take on such cases for a fee.
tomtom79 schrieb:
And just got slapped in the other forum with the same statements!Those who can read clearly have an advantage.
I quote from the other forum:
V3 (which presumably happened here)
nothing described about the construction access road (neither what should be built nor what needs to be removed)
> the contractor could build an access road but was not required to. He simply decided to do so because it makes the site easier to manage for him. So he has to remove the materials later as well.
He is also not allowed to leave any leftover concrete on site, nor reinforcing steel, cut pipes, beer bottles from his workers, yogurt containers, etc.
What was ordered was a building structure and nothing else.
And according to the German Construction Contract Procedures (VOB), this must be handled exactly like that. I actually expected competent answers here instead of silly trolling.
D
daniels8710 Nov 2016 11:59Apparently, you don’t want to understand that only what is stated in your contract matters. How things are usually handled in most cases is irrelevant. And how are we supposed to know that now?
In most cases, the client is responsible for ensuring that the construction site is accessible, passable, and that the ground is stable. A construction road or crane area, if necessary, is usually the client's responsibility.
If none of this is mentioned in the contract or scope of work, and you were not consulted when the construction road was built, then you did not authorize it. In that case, you might dispute it with the company, if you think the effort is worth it.
Normally, there is always something included regarding the site setup.
In most cases, the client is responsible for ensuring that the construction site is accessible, passable, and that the ground is stable. A construction road or crane area, if necessary, is usually the client's responsibility.
If none of this is mentioned in the contract or scope of work, and you were not consulted when the construction road was built, then you did not authorize it. In that case, you might dispute it with the company, if you think the effort is worth it.
Normally, there is always something included regarding the site setup.
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