Since I received great support [here] earlier, I would like to describe what I hope will be the last major point of dispute and ask for your assistance:
Contractual move-in date: June 1, 2016
Completion of outdoor landscaping according to contract: June 15, 2016
When we had the handover on June 1, I asked whether the outdoor landscaping would be finished on time. The response was that it probably wouldn’t be achievable. The next day, I inquired again if there was an update on whether the landscaping could be done by June 19, as we planned to have a birthday celebration then. The site manager’s trivial comment was: “Maybe there will already be a layer of gravel.”
As expected, it did not happen. To this day, the entire outdoor landscaping is not completed — the curbs have been installed, but only a few days ago.
A small side note: On June 14, I happened to get in touch with someone who had ordered the same terrace slabs we had chosen. He strongly advised against them, saying he had only problems with those slabs. We then decided on different ones and informed the construction company. At that point, we did not even have a written offer for the terrace extension or the cost of the new slabs. On June 28 (!!), the site manager asked me again which slabs exactly we wanted so they could be ordered.
On Wednesday, July 6, the site manager was at our place again to discuss another defect. When I asked why the adjacent semi-detached house, which is unoccupied, already had its terrace paved but the pathway to our house was still bare, he snapped: “You changed your terrace slabs!” When I pointed out that at least the pathway could be done, he said nothing more. The neighbor’s terrace uses the same paving slabs as our pathways.
After I insisted with the workers, at least the entrance was paved since there was almost a half-meter (about 1.5 feet) height difference there. By the way, today the driveway to the garage was paved.
Yesterday, Thursday, we had an appointment with the construction company. They explained that the company and their representatives had set July 1, 2016, as the move-in date, and therefore July 15, 2016, for the outdoor landscaping.
We politely pointed out that this is not our problem, since our notarized contract states June 15. The contract also specifies that if payment is late, we would owe 5% interest on the amount due, but unfortunately, nothing is regulated in the opposite case.
Their reaction was just that things like this do happen and that they are on the safe side, etc.
We did receive an offer for the terrace yesterday.
The company owner wants to review the case calmly and get back to us. However, his son already hinted that he knows how his father will decide in this matter.
Now the interesting question: What would be considered a justified compensation? I have tentatively scheduled an appointment with a lawyer (next Friday), who of course expects payment upfront. I am trying to avoid that for now, but if they keep being inflexible, I will have to bite the bullet.
I would like to exclude the terrace from this, as it wouldn’t have been finished on time either with the other slabs anyway, since they hadn’t even been ordered.
Thank you very much and have a nice weekend.
Contractual move-in date: June 1, 2016
Completion of outdoor landscaping according to contract: June 15, 2016
When we had the handover on June 1, I asked whether the outdoor landscaping would be finished on time. The response was that it probably wouldn’t be achievable. The next day, I inquired again if there was an update on whether the landscaping could be done by June 19, as we planned to have a birthday celebration then. The site manager’s trivial comment was: “Maybe there will already be a layer of gravel.”
As expected, it did not happen. To this day, the entire outdoor landscaping is not completed — the curbs have been installed, but only a few days ago.
A small side note: On June 14, I happened to get in touch with someone who had ordered the same terrace slabs we had chosen. He strongly advised against them, saying he had only problems with those slabs. We then decided on different ones and informed the construction company. At that point, we did not even have a written offer for the terrace extension or the cost of the new slabs. On June 28 (!!), the site manager asked me again which slabs exactly we wanted so they could be ordered.
On Wednesday, July 6, the site manager was at our place again to discuss another defect. When I asked why the adjacent semi-detached house, which is unoccupied, already had its terrace paved but the pathway to our house was still bare, he snapped: “You changed your terrace slabs!” When I pointed out that at least the pathway could be done, he said nothing more. The neighbor’s terrace uses the same paving slabs as our pathways.
After I insisted with the workers, at least the entrance was paved since there was almost a half-meter (about 1.5 feet) height difference there. By the way, today the driveway to the garage was paved.
Yesterday, Thursday, we had an appointment with the construction company. They explained that the company and their representatives had set July 1, 2016, as the move-in date, and therefore July 15, 2016, for the outdoor landscaping.
We politely pointed out that this is not our problem, since our notarized contract states June 15. The contract also specifies that if payment is late, we would owe 5% interest on the amount due, but unfortunately, nothing is regulated in the opposite case.
Their reaction was just that things like this do happen and that they are on the safe side, etc.
We did receive an offer for the terrace yesterday.
The company owner wants to review the case calmly and get back to us. However, his son already hinted that he knows how his father will decide in this matter.
Now the interesting question: What would be considered a justified compensation? I have tentatively scheduled an appointment with a lawyer (next Friday), who of course expects payment upfront. I am trying to avoid that for now, but if they keep being inflexible, I will have to bite the bullet.
I would like to exclude the terrace from this, as it wouldn’t have been finished on time either with the other slabs anyway, since they hadn’t even been ordered.
Thank you very much and have a nice weekend.
Mycraft schrieb:
Landscape contractors, especially those working on gardens, often get delayed because of things like terraces or driveways... especially when more work has been agreed upon. They also have to calculate costs, and for them, a construction site that requires multiple trips means expenses, expenses, expenses... so usually they wait until everything is ready and then work intensively within about a week or so.
If the client keeps requesting various changes, it causes further delays...
I can understand you want everything finished as quickly as possible, but often things just don’t work out that way...
Thank you for your response.I am aware of this, but my point is that this seems to have been done intentionally. That’s the impression it gives.
Here, it has been fairly dry for weeks, with only occasional rain showers.
You in Baden-Württemberg have had a really tough year overall, definitely not enviable.
Neige schrieb:
It is possible that recent weather conditions have also disrupted the project; at least in this area, several construction sites have been left idle....And this is usually regulated in well-designed contracts in favor of the developer.
Sir_Kermit8 Jul 2016 17:37Hello,
What exactly was contractually agreed upon—the handover or the occupancy? I’m curious about that. If I understand correctly from the wiki, your house is even ready to move into, although not everything is completely finished exactly to your expectations. You can live in your house even without landscaping done or without a garage.
However, I’m quite sure that going to a lawyer won’t solve your problem quickly. If things went wrong, well, that just happened. So what? Couldn’t something like this have been resolved over coffee, cake, beer, etc.?
If both parties feel the need to go to court over such a minor issue, things will get uncomfortable and will ultimately cost unnecessary money.
Kermit
wrack schrieb:
a contractually agreed matter that was not executed as agreed
What exactly was contractually agreed upon—the handover or the occupancy? I’m curious about that. If I understand correctly from the wiki, your house is even ready to move into, although not everything is completely finished exactly to your expectations. You can live in your house even without landscaping done or without a garage.
However, I’m quite sure that going to a lawyer won’t solve your problem quickly. If things went wrong, well, that just happened. So what? Couldn’t something like this have been resolved over coffee, cake, beer, etc.?
If both parties feel the need to go to court over such a minor issue, things will get uncomfortable and will ultimately cost unnecessary money.
Kermit
We are already living in the house; this is solely about the unfinished exterior landscaping, which according to the contract should have been completed by June 15th.
We have tried to resolve this, as mentioned above. The developer does not care at all. So, I don’t need to enter any dates at all and can just leave all fields blank, right?
We have tried to resolve this, as mentioned above. The developer does not care at all. So, I don’t need to enter any dates at all and can just leave all fields blank, right?
T
toxicmolotof8 Jul 2016 19:56Good luck, but it probably won’t help. The developer will be aware of that as well.
I can’t imagine the defect is significant enough to warrant any (financial) compensation.
When did you agree on the change to the paving?
I can’t imagine the defect is significant enough to warrant any (financial) compensation.
When did you agree on the change to the paving?
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