ᐅ Execution planning agreed first – then excluded?

Created on: 10 Dec 2015 09:52
C
cumpa
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.
O
oleda222
23 Dec 2015 09:47
Thanks for the clarification, Voki1.

It would be interesting to see the "contract" in its original layout. Apparently, it was so confusing that the buyer did not realize they were signing an offer, not a contract.
C
cumpa
23 Dec 2015 21:02
The heading reads:
Construction Contract.
The last sentence on the last page below the signature field reads:
"This purchase contract becomes effective upon confirmation of the contract by the contractor."
I am happy to upload the original contract,
but it is many pages long...
O
oleda222
24 Dec 2015 09:38
The last sentence is already clear, but I still find the construction unacceptable from the contractor.

To me, this borders on deceptive practice.
C
cumpa
24 Dec 2015 09:49
Oleda.....
According to my lawyer, most general contractors do it that way....
But it’s not a disaster if the detailed planning is still done – at a scale of 1:50.
That is mainly what I am concerned about.....
O
oleda222
24 Dec 2015 10:47
Yes, that may be so. But it doesn’t make it any better.

In that case, the piece of paper could just as well be called: "Proposal of a contract by an incompetent salesperson that will be changed again by the boss."

At least that would be honest.
Musketier24 Dec 2015 14:49
@oleda222
What exactly is your issue? It’s the same with an employment contract or any other contract. A contract is drafted, sent to you for review and signature, and once it comes back signed, the contractor adds their final approval. Only then is it legally binding.
The fact that the seller signed it alone doesn’t have any legal effect.