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.
wrack schrieb:
Last July during the construction meeting – it’s not like this came up at short noticeAbove you write, on 14.06.
B
Bauexperte8 Jul 2016 20:45wrack schrieb:
Where?
I never mentioned a building walkthrough. Please show me the exact part From your first post:
wrack schrieb:
... A small side note here: On June 14th, I happened to get in touch with someone who had ordered the same terrace tiles as we did. He strongly advised us against using them because he only experienced problems with them. We then decided to choose different ones and informed the construction company. At that time, we didn’t even have a written offer for the terrace extension or the cost of the tiles. On June 28th (!!), the construction manager asked me again which tiles we specifically wanted, as he was going to order them then ... You never indicate anywhere that a year other than 2016 might be meant. So please stay consistent or provide more precise details.
Regards, Bauexperte
T
toxicmolotof8 Jul 2016 20:51Exactly... so the new bricks were agreed upon on 14.06.2016 (or shortly after, if you prefer), right?
No, the patio slabs.
The walkways had already been approved during the construction review in 2015.
As mentioned: only the patio slabs were changed. Before another already answered question comes up: anthracite paving. I hope this is taken as a joke; at least the questions make me feel like I'm on a prank show!
The walkways had already been approved during the construction review in 2015.
As mentioned: only the patio slabs were changed. Before another already answered question comes up: anthracite paving. I hope this is taken as a joke; at least the questions make me feel like I'm on a prank show!