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.
Even though it is very frustrating when agreed-upon tasks are not completed:
the house is finished, you move in, and settle down. Whether the terrace is completed now or in a few weeks, just relax! Other people wait months or even years before any outdoor work actually begins.
Keep asking the company regularly when the work will start. Running to a lawyer and incurring costs is not a solution if everything else has gone smoothly so far. Don’t threaten to find someone else. Good landscaping contractors are fully booked for the year or may not even want to take the job due to low profit margins. Stay calm and be patient. We waited with our terrace and driveway from November 2015 to June 2016. Actually, even longer, since we placed the order in June 2015 and were supposed to be scheduled in November. In the new year, suddenly we were no longer first in line (March/April). That’s just how it is, but now it’s done.
I called the landscaper weekly to remind him about us. Eventually, he came. And always stay polite.
the house is finished, you move in, and settle down. Whether the terrace is completed now or in a few weeks, just relax! Other people wait months or even years before any outdoor work actually begins.
Keep asking the company regularly when the work will start. Running to a lawyer and incurring costs is not a solution if everything else has gone smoothly so far. Don’t threaten to find someone else. Good landscaping contractors are fully booked for the year or may not even want to take the job due to low profit margins. Stay calm and be patient. We waited with our terrace and driveway from November 2015 to June 2016. Actually, even longer, since we placed the order in June 2015 and were supposed to be scheduled in November. In the new year, suddenly we were no longer first in line (March/April). That’s just how it is, but now it’s done.
I called the landscaper weekly to remind him about us. Eventually, he came. And always stay polite.
Sir_Kermit10 Jul 2016 17:48HilfeHilfe schrieb:
The legal process is taking longer and longer. As the saying goes, “At sea and in court, you are in God’s hands.”
@wrack
Of course, contracts are binding, but they never guarantee a 100% successful outcome. If something has gone wrong, everyone should first try to reach a mutually satisfactory solution outside of the legal routes.
Issuing reminders, setting deadlines, and politely indicating the possible consequences would, in my view, be the right approach.
Sent from tablet, please excuse typos.
Neige schrieb:
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 have due to the delay in completing the exterior works?
Will this cause me additional costs?
and so on.
I believe I can answer all these questions with no, and as already suggested, I would try to have the work carried out quickly now.
Maybe it’s annoying, but otherwise everything is fine. And if the neighbor is already finished, I can just accept that. From what I understand, he does face financial disadvantages, for example, as he still has to keep his motorcycle in a rented garage instead of placing it in his own garage. (Surely not a huge issue..)
I can understand the original poster, especially if the neighbors are building with the same? (or a different?) developer and their work is already finished, it’s really frustrating. But personally, I would just take it as “oh well” and make sure, through friendly and regular reminders, that I get attended to as soon as possible and that the landscaping and exterior works are completed with appropriate quality.
What good does it do you if they squeeze you in now and then the paving looks terrible?
H
HilfeHilfe11 Jul 2016 13:36Well, I also know my East German in-laws. The sense of “justice” is particularly strong there, and the threatening stance is already set up. It gets funny when the contract partner is also from the East. Two wooden blocks rarely come alone. Chain-link fence says hello.
No offense, it just reminds me a bit.
No offense, it just reminds me a bit.
BeHaElJa schrieb:
Oh, so; the garage was also commissioned (?) Garage is in place!
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