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.
If you have a two-week vacation and are woken up every morning by loud rattling, hammering, banging, and knocking, but can’t use your terrace.. Pretty annoying.. Especially with the temperatures.. Today 24°C (75°F), sunny, partly cloudy.. Oh, and tomorrow 31°C (88°F).. No terrace but hey, everything’s great, sitting inside all day at these temperatures
B
Bauexperte9 Jul 2016 22:26wrack schrieb:
@Bauexperte: rather wrong, but you can judge everything from a distance Certainly not, as I don’t have a crystal ball; I rely solely on my experience in dealing with people – including online.wrack schrieb:
What is the contract for? More like something to wipe your backside with? Or just a suggestion?No; a contract is always binding. However, from my point of view, it’s not the end of the world that your access road isn’t finished yet; annoying, yes, but nothing more. If your single-family house wasn’t ready to move in, that would be much worse, especially regarding double costs.I’m sure that the threat of involving a lawyer, which you are considering, will not help speed up the completion of the access road. You will probably end up harming yourself, as the craftsmen may not be motivated to work on your access road or terrace.
Therefore, it’s best to keep things calm; there must be reasons why your contracting partner is behind schedule. And who knows – if you approach them with a bit more understanding, it might even pay off for you.
Regards, Bauexperte
H
HilfeHilfe10 Jul 2016 08:26Legal proceedings are taking longer and longer. What does the lawyer you consulted say about this? Well, today, at 30°C (86°F), we’re going to the outdoor pool.
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