Hello, we are having a semi-detached house built through a construction service provider. Each side has a floor area of about 56m2 (600 sq ft). One side includes a basement, the other does not. Groundbreaking took place on October 17, 2012. To this day, the shell construction is still not finished.
When we ask the builder, we are told that the winter was very long and it is currently raining a lot, so work cannot be done. Can anyone tell me if this is normal? Have you had similar experiences? I would appreciate any responses.
When we ask the builder, we are told that the winter was very long and it is currently raining a lot, so work cannot be done. Can anyone tell me if this is normal? Have you had similar experiences? I would appreciate any responses.
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Bauexperte7 Jun 2013 23:12Hello,
Even if the months from November 2012 through March 2013 were extremely bad weather-wise, your contractor should have been able to do masonry work since mid-April... the shell should have been completed by June.
In my opinion, there is something else going on that’s stopping the shell builder from working – possibilities range from “they need to finish previous jobs (a few months really were bad for construction trades)” to “they aren’t getting paid.” Anything is possible.
Either way, you can only apply pressure or file a complaint for defects if you have a written construction period guarantee. Otherwise, you have little to no means to accelerate the construction project.
Regards, Bauexperte
Letitfly schrieb:I hope you have a construction period guarantee? If not, the situation already looks bad for you.
The groundbreaking was on October 17, 2012. The shell construction still isn’t finished. When we ask the shell builder about it, they just say the winter was very long and currently it’s only raining, so no work can be done. Can anyone tell me if this is normal? Have you had similar experiences? I would appreciate some answers.
Even if the months from November 2012 through March 2013 were extremely bad weather-wise, your contractor should have been able to do masonry work since mid-April... the shell should have been completed by June.
In my opinion, there is something else going on that’s stopping the shell builder from working – possibilities range from “they need to finish previous jobs (a few months really were bad for construction trades)” to “they aren’t getting paid.” Anything is possible.
Either way, you can only apply pressure or file a complaint for defects if you have a written construction period guarantee. Otherwise, you have little to no means to accelerate the construction project.
Regards, Bauexperte
In the contract with the construction service provider, the general section in the construction and performance description states: The maximum construction time is 6 months without a basement and 7 months with a basement.
Is this a guarantee that can be legally enforced?
We also believe there are issues with the shell builder. He didn’t show up again last week, allegedly due to illness.
It can’t be due to payments from our side. We have paid every invoice; even our site manager said we had overpaid. When we told him regarding the last invoice that the work was not yet at the stage we expected and that we didn’t want to pay that invoice yet, he immediately said he would stop coming. He also refused the proposal of a security deposit account. So we went ahead and paid...
Is this a guarantee that can be legally enforced?
We also believe there are issues with the shell builder. He didn’t show up again last week, allegedly due to illness.
It can’t be due to payments from our side. We have paid every invoice; even our site manager said we had overpaid. When we told him regarding the last invoice that the work was not yet at the stage we expected and that we didn’t want to pay that invoice yet, he immediately said he would stop coming. He also refused the proposal of a security deposit account. So we went ahead and paid...
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Bauexperte8 Jun 2013 11:15Hello,
I am not authorized to provide legal advice, as this is reserved exclusively for licensed professionals in Germany.
In every contract for work and services, there is a hierarchy of terms; usually, the contract itself, based on the performance specification (BB), takes precedence. If there are additions, they generally override the contract terms only if specifically stated; otherwise, the contract terms apply.
You need to check whether your contract contains any different phrasing regarding the construction period. If the contract and performance specification correspond and there are no other amendments or side agreements concerning the construction period, then the construction period stated in the performance specification applies.
Sorry, but that was very unwise... you should never give in to pressure or threats! Moreover, the shell builder is not allowed to do that either; he must adhere to his contract just as you must follow the agreed payment schedule in your contract for work.
Regards, Bauexperte
I am not authorized to provide legal advice, as this is reserved exclusively for licensed professionals in Germany.
Letitfly schrieb:
The contract with the construction service provider states in the construction and performance description under general: The maximum construction period is 6 months without a basement, 7 months with a basement.
Is this a guarantee that can be enforced?
In every contract for work and services, there is a hierarchy of terms; usually, the contract itself, based on the performance specification (BB), takes precedence. If there are additions, they generally override the contract terms only if specifically stated; otherwise, the contract terms apply.
You need to check whether your contract contains any different phrasing regarding the construction period. If the contract and performance specification correspond and there are no other amendments or side agreements concerning the construction period, then the construction period stated in the performance specification applies.
Letitfly schrieb:
When we said during the last invoice that the work was not yet at the stage we wanted, so we would not pay this invoice for now, we were immediately told he would stop coming entirely. He also rejected the suggestion of a security account. So we paid...
Sorry, but that was very unwise... you should never give in to pressure or threats! Moreover, the shell builder is not allowed to do that either; he must adhere to his contract just as you must follow the agreed payment schedule in your contract for work.
Regards, Bauexperte
Well, the shell builder left on May 29th with the paid amount of 90% and has been unreachable ever since. We now have an expert inspecting the shell structure, which is full of defects. We still don’t know if we will have to demolish it. Our dream home has turned into a nightmare. The shell still stands without a roof. If we can still save the construction, we are looking for a shell builder who can fix the defects and complete the build. I will update here as soon as I know more.
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