Good day to all forum readers and experts.
I have a small issue that I hope will be resolved soon. I signed a construction contract accompanied by an expert. It was agreed that the detailed construction planning (execution planning) is included. (We are building on our own land with a general contractor, and the building permit / planning permission was submitted two weeks ago).
The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."
Now, we have received a confirmation of the construction contract by registered mail stating: "No detailed construction plan will be created."
Our expert is currently on vacation, and I have initially asked the house seller for clarification by email this morning. I am looking forward to a response.
I can only explain it by assuming that the detailed construction plan is indeed created but not handed over to me. Or is it usually handled differently?
I hope to receive tips and answers here.
I have a small issue that I hope will be resolved soon. I signed a construction contract accompanied by an expert. It was agreed that the detailed construction planning (execution planning) is included. (We are building on our own land with a general contractor, and the building permit / planning permission was submitted two weeks ago).
The contract states: "The contractor creates a detailed construction plan for internal quality assurance. This is included in the price."
Now, we have received a confirmation of the construction contract by registered mail stating: "No detailed construction plan will be created."
Our expert is currently on vacation, and I have initially asked the house seller for clarification by email this morning. I am looking forward to a response.
I can only explain it by assuming that the detailed construction plan is indeed created but not handed over to me. Or is it usually handled differently?
I hope to receive tips and answers here.
cumpa schrieb:
Of course, I could have listened to what he had to say. However, I prefer it in writing. Maybe he just wanted to apologize to you and inform you that everything will be handled without any extra costs for you.
In any case, I also think you could first listen to what he has to say. You don’t have to agree to anything or sign anything. If necessary, you could bring a witness to the conversation.
If he says that you need to cover any additional costs, you can ask him to provide that in writing with an explanation, so your lawyer can review it.
B
Bauexperte17 Dec 2015 11:15Hello,
I find it very unfortunate that the original poster declined the general contractor’s offer to talk. People make mistakes—and they need to be allowed to make mistakes, otherwise they don’t learn. As a result, the original poster will no longer find out what he might have missed... the general contractor’s trust in their contract partner is also likely to have taken a considerable hit.
Regards, Bauexperte
naturstein schrieb:At this point in time, that would be like using a sledgehammer to crack a nut.
I already recommend involving a construction lawyer at this stage,
I find it very unfortunate that the original poster declined the general contractor’s offer to talk. People make mistakes—and they need to be allowed to make mistakes, otherwise they don’t learn. As a result, the original poster will no longer find out what he might have missed... the general contractor’s trust in their contract partner is also likely to have taken a considerable hit.
Regards, Bauexperte
Hello everyone,
Here is the response from the construction company, or rather the seller:
Dear Mrs.....and Mr.........
Regarding the detailed planning: I unfortunately ran into a language trap here. Colloquially and legally, these are two very different things.
What I meant was the internal working drawings, which serve as the basis for the tradespeople to carry out the work (e.g., window reveal, ceiling openings, etc.).
The phrase “included in the price” also suggests that there is a separate cost for this – which is not the case, as this is done internally by our employees as part of their usual planning tasks. The working drawings will also be provided to you as intended, since you need to sign them, and they will show in more detail how the construction will be carried out.
A detailed planning in the legal sense would mean commissioning an external engineering firm for detailed planning at the respective costs but without any benefit for the construction of your project. If you insist on this type of detailed planning, we will not be able to accept the contract – and I believe that is not what you want either.
Now we are considering how exactly to respond to this. The “internal” draftsman who is preparing this detailed/working planning for us told us it will be drawn at a scale of 1:75.
Is that sufficient for a detailed review?
My expert, who has not yet seen this response, only said that he can’t conduct construction supervision/inspection based on a permit drawing (1:100 scale).
What do you think? At what scale should the working drawings be prepared?
P.S. I do not intend to insist on having the detailed planning done by an external architect – as the seller fears.
Here is the response from the construction company, or rather the seller:
Dear Mrs.....and Mr.........
Regarding the detailed planning: I unfortunately ran into a language trap here. Colloquially and legally, these are two very different things.
What I meant was the internal working drawings, which serve as the basis for the tradespeople to carry out the work (e.g., window reveal, ceiling openings, etc.).
The phrase “included in the price” also suggests that there is a separate cost for this – which is not the case, as this is done internally by our employees as part of their usual planning tasks. The working drawings will also be provided to you as intended, since you need to sign them, and they will show in more detail how the construction will be carried out.
A detailed planning in the legal sense would mean commissioning an external engineering firm for detailed planning at the respective costs but without any benefit for the construction of your project. If you insist on this type of detailed planning, we will not be able to accept the contract – and I believe that is not what you want either.
Now we are considering how exactly to respond to this. The “internal” draftsman who is preparing this detailed/working planning for us told us it will be drawn at a scale of 1:75.
Is that sufficient for a detailed review?
My expert, who has not yet seen this response, only said that he can’t conduct construction supervision/inspection based on a permit drawing (1:100 scale).
What do you think? At what scale should the working drawings be prepared?
P.S. I do not intend to insist on having the detailed planning done by an external architect – as the seller fears.
B
Bauexperte22 Dec 2015 05:47Good morning,
Regards, Bauexperte
cumpa schrieb:
cumpa schrieb:Just out of interest – what qualifications do the employees who prepare the detailed construction drawings have?
since this is (as mentioned) handled internally by our employees as part of their normal design tasks.
cumpa schrieb:
If you insist on this type of detailed planning, we will not be able to accept the
construction contract – and I believe that is not your intention either.
cumpa schrieb:So far, no order confirmation has been issued?
cumpa schrieb:
cumpa schrieb:
cumpa schrieb:Ask your expert what he considers an appropriate scale; he will also need to review the detailed construction drawings.
Is this sufficient for a detailed review?
My expert, who is not yet aware of this response, only told me that he cannot provide construction supervision/inspection with a planning permit drawing at a scale of 1:100.
Regards, Bauexperte
Hello construction expert. I don’t know the qualifications of the employees. The permit planning was done by an architect.
There is a signed construction contract and a subsequent letter with the wording:
Acceptance of Construction Contract
Dear Mrs.... Dear Mr.....
....We are pleased that you have chosen this house and hereby accept your construction contract.
For the sake of order and completeness, we provide you with some additional information.
In particular, we have accepted that:
...no detailed construction drawings will be produced...
We assume this is an order confirmation.
I believe the construction company only wants to avoid having the contract planning handled externally by me. Or maybe the company does not want to provide plans larger than 1:75 scale, so that I or my expert cannot examine them in detail.
There is a signed construction contract and a subsequent letter with the wording:
Acceptance of Construction Contract
Dear Mrs.... Dear Mr.....
....We are pleased that you have chosen this house and hereby accept your construction contract.
For the sake of order and completeness, we provide you with some additional information.
In particular, we have accepted that:
...no detailed construction drawings will be produced...
We assume this is an order confirmation.
I believe the construction company only wants to avoid having the contract planning handled externally by me. Or maybe the company does not want to provide plans larger than 1:75 scale, so that I or my expert cannot examine them in detail.
You have submitted an offer to conclude a contract for work to the potential contractor. They have not accepted the offer as-is but made a modification (not related to execution planning). By sending the revised offer, the contractor has now made you an offer to conclude the contract for work. You can now reject, accept, or modify it again and make an offer to the contractor. No contract has been formed yet.
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