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:
The paving was done first at our neighbors’ house, who have not yet moved in Do you know what was agreed with the neighbors?
Hmm. At the moment, I’m thinking about how I would react. I’m mentally considering what disadvantages this might cause me. Furthermore, I’m asking myself questions like:
Is this definitely a defect?
What limitations do I face due to the delay in completing the external landscaping?
Will this lead to additional costs for me?
and so on.
I believe I can answer all these questions with no and would, as already suggested, try to have the work completed fairly quickly now.
It might be frustrating, but otherwise everything is fine. And if the neighbor is already finished, I’m happy for them.
Is this definitely a defect?
What limitations do I face due to the delay in completing the external landscaping?
Will this lead to additional costs for me?
and so on.
I believe I can answer all these questions with no and would, as already suggested, try to have the work completed fairly quickly now.
It might be frustrating, but otherwise everything is fine. And if the neighbor is already finished, I’m happy for them.
B
Bauexperte9 Jul 2016 17:08wrack schrieb:
As already mentioned, our neighbors who have not yet moved in had their paving done first.. Without being involved in detail: from the little you write here on the forum, it makes me suspect that you do not come across as a very "agreeable" contracting party (agreeable meaning: aware of one's own fallibility). To put it more clearly; you can walk on water and expect that ability from everyone else … even though only the Bible mentions this phenomenon?
Could it be that you have difficulty accepting things as they are?
Regards, Bauexperte
H
HilfeHilfe9 Jul 2016 21:19The judicial system is pleased again. What costs has the lawyer billed you? I would find it too annoying and bothersome to be troubled like that during the final stretch.
It’s quite interesting how many people just put up with things.
@Bauexperte: more like wrong, but I guess you can judge everything from a distance
What is the purpose of the contract? Is it more like something to wipe your backside with? Or just a recommendation?
A contract is made to set out things that need to be followed. So what happens if I don’t pay on time? Oh right, then I’m the fool who doesn’t stick to the contract...
Best regards from East Germany
@Bauexperte: more like wrong, but I guess you can judge everything from a distance
What is the purpose of the contract? Is it more like something to wipe your backside with? Or just a recommendation?
A contract is made to set out things that need to be followed. So what happens if I don’t pay on time? Oh right, then I’m the fool who doesn’t stick to the contract...
Best regards from East Germany