ᐅ Errors in the detailed floor plan by the developer

Hello forum,

We are building a terraced house with a developer. All contracts have been signed, and the house is currently under construction.

During the selection process, we were presented with detailed construction plans/floor plans for each level, which we reviewed individually with the managing director and approved for execution with our signature.

The plans show insulation applied to the basement wall, extending around the hallway. This is meant to prevent excessive heat from the ground floor from entering the basement. We have now been informed that the insulation was included by mistake and that it must be installed by us, not by the developer.

Since I don’t want to have any conflicts with the developer over one insulation issue, I would like to understand the legal situation. The written building description lists this insulation as a paid additional service, but in the detailed plans we signed, the insulation is already included.

How legally binding are these plans?

Thank you very much in advance.

Regards

Dean

So, in my layman’s opinion, the most recently signed plans are always the binding ones. The binding order should actually be contractually established.

In our case, the sequence of valid documents was explicitly stated in the construction contract as follows:

- Offer / preliminary plans at the time of signing the contract
- Building permit / planning permission documents / construction plan
- Preliminary working drawings
- Sample selection protocol and plan
- Final working drawings

Whenever we signed something new in the above sequence, the previous version became obsolete. After each change, we received new working drawings.

In the end, only the final working drawings together with the sample selection protocol were valid, and nothing else.

Hello Dean,

Dean schrieb:
...
The basement plans include insulation on the basement wall that goes around the hallway. Its purpose is to prevent too much heat from the ground floor from entering the basement. We were then informed that this insulation is a mistake because it must be installed by us and not by the builder.

Are you doing the drywall work yourselves or other trades?

Best regards

Hello,

thank you for the replies...

As far as the sequence goes, it looks like we first signed the written building specification. We received the detailed plans for signature about a month later, and the insulation was included in those.

@Bauexperte...
For self-performed work, we are only doing flooring and wall coverings; everything else will be handled by the developer (turnkey construction).

Regards

Dean