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.
According to your description, the original version (provided in writing by the contractor), which you signed (offer), stated that detailed design planning was included. The contractor added a change stating that detailed design planning was not included (rejection of your offer and submission of a new offer). Up to this point, no contract has been concluded.
If the process went as described, then no valid contract was formed. You might find that frustrating, but that’s how it is. What do you mean by saying he "also signed" the contract? Why would there then be a "work order confirmation" afterward and the contract be "accepted" (with changes)? Information is missing here.
So... once again for everyone:
1. Seller sends the offer (including detailed execution planning)
2. We agree and confirm the offer by email
3. Seller sends the contract for review by email
4. Seller meets with us to sign the contract (including the detailed execution planning in the contract text)
5. Both parties sign the contract and take a signed copy
6. Within 2 weeks, we receive the permit planning including all documents needed for submission to the building authority / planning office
7. One week later, we receive the confirmation of receipt from the building authority
8. One week later (about 3-4 weeks after signing the construction contract), we receive acceptance of the contract 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:
...no detailed execution planning will be prepared...
9. Two days later, we formally object to this letter by registered mail with reference to the signed contract.
10. One week later - here is the response from the construction company, or the seller:
Dear Mrs..... and Mr.........
Regarding the execution planning: I stumbled into a linguistic trap here. Colloquially and legally, these are unfortunately two very different things.
What I meant was the internal working drawings, which serve as the basis for craftsmen to carry out the work (e.g. window reveals, ceiling recesses, etc.).
The addition "is included in the price" also suggests that there would be a separate cost for this – which is not the case, as this is done internally by our
employees as part of their normal planning duties. The working drawings will also be made available to you, as intended, since you
need to sign them and see in more detail how the construction will be carried out.
A detailed execution planning in the legal sense would mean commissioning an external engineering office with the associated costs,
but without any benefit for realizing your building project. If you insist on this type of execution planning, we will not be able to accept the
construction contract – and I believe this is not what you want either.
[I]In my legal understanding, a construction contract signed by BOTH parties is binding.
Where would we be if contracts were first signed (after months of negotiation) and then accepted only after amendments...?
But I am open to being corrected if I am wrong...[/I]
[I]Thanks for your previous input...[/I]
1. Seller sends the offer (including detailed execution planning)
2. We agree and confirm the offer by email
3. Seller sends the contract for review by email
4. Seller meets with us to sign the contract (including the detailed execution planning in the contract text)
5. Both parties sign the contract and take a signed copy
6. Within 2 weeks, we receive the permit planning including all documents needed for submission to the building authority / planning office
7. One week later, we receive the confirmation of receipt from the building authority
8. One week later (about 3-4 weeks after signing the construction contract), we receive acceptance of the contract 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:
...no detailed execution planning will be prepared...
9. Two days later, we formally object to this letter by registered mail with reference to the signed contract.
10. One week later - here is the response from the construction company, or the seller:
Dear Mrs..... and Mr.........
Regarding the execution planning: I stumbled into a linguistic trap here. Colloquially and legally, these are unfortunately two very different things.
What I meant was the internal working drawings, which serve as the basis for craftsmen to carry out the work (e.g. window reveals, ceiling recesses, etc.).
The addition "is included in the price" also suggests that there would be a separate cost for this – which is not the case, as this is done internally by our
employees as part of their normal planning duties. The working drawings will also be made available to you, as intended, since you
need to sign them and see in more detail how the construction will be carried out.
A detailed execution planning in the legal sense would mean commissioning an external engineering office with the associated costs,
but without any benefit for realizing your building project. If you insist on this type of execution planning, we will not be able to accept the
construction contract – and I believe this is not what you want either.
[I]In my legal understanding, a construction contract signed by BOTH parties is binding.
Where would we be if contracts were first signed (after months of negotiation) and then accepted only after amendments...?
But I am open to being corrected if I am wrong...[/I]
[I]Thanks for your previous input...[/I]
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