Hello, we are currently facing a rather complicated situation.
We had a house built through a developer. The house and the land were supposed to be transferred to our ownership after the final payment.
Now for the complicated part. The contract stated a construction period of 28 weeks after the purchase price became due. The developer informed us of an (early completion date) at the end of May. We then gave notice on our old apartment for the end of June and planned to move by the end of June. However, it turned out that the date could not realistically be met. On June 26th, we had a handover appointment where water, electricity, telephone, and part of the exterior insulation on a basement window were still unfinished. This was also recorded in the handover protocol. Since we had to vacate the old apartment three days later, we were allowed to move furniture into the house at that time and stayed with my mother-in-law. Electricity and water were connected a week later.
Now the big problem. One day after the preliminary acceptance, there was heavy rain, and water entered the basement through the unfinished area of the basement insulation, spreading under the entire screed floor. It has now been dried with vacuum pumps for almost 4 weeks. The basement insulation is now complete, and light wells and window shafts have also been installed at the windows.
Now the first question. Can a new build still be considered ready for occupancy when room temperatures above 30 degrees Celsius (86°F) and extreme noise disturbance from the drying equipment are present? Or should we now, already 3 weeks beyond the maximum construction period regulated by the contract, demand a penalty from the developer?
Additionally, we had another handover 10 days ago and received the keys. At this handover, it was agreed that the developer has until July 24th to fix further defects. Despite several follow-ups, of course, nothing has been done. Starting tomorrow, can I hire my own contractors and charge the costs to the developer?
We had a house built through a developer. The house and the land were supposed to be transferred to our ownership after the final payment.
Now for the complicated part. The contract stated a construction period of 28 weeks after the purchase price became due. The developer informed us of an (early completion date) at the end of May. We then gave notice on our old apartment for the end of June and planned to move by the end of June. However, it turned out that the date could not realistically be met. On June 26th, we had a handover appointment where water, electricity, telephone, and part of the exterior insulation on a basement window were still unfinished. This was also recorded in the handover protocol. Since we had to vacate the old apartment three days later, we were allowed to move furniture into the house at that time and stayed with my mother-in-law. Electricity and water were connected a week later.
Now the big problem. One day after the preliminary acceptance, there was heavy rain, and water entered the basement through the unfinished area of the basement insulation, spreading under the entire screed floor. It has now been dried with vacuum pumps for almost 4 weeks. The basement insulation is now complete, and light wells and window shafts have also been installed at the windows.
Now the first question. Can a new build still be considered ready for occupancy when room temperatures above 30 degrees Celsius (86°F) and extreme noise disturbance from the drying equipment are present? Or should we now, already 3 weeks beyond the maximum construction period regulated by the contract, demand a penalty from the developer?
Additionally, we had another handover 10 days ago and received the keys. At this handover, it was agreed that the developer has until July 24th to fix further defects. Despite several follow-ups, of course, nothing has been done. Starting tomorrow, can I hire my own contractors and charge the costs to the developer?
B
Bauexperte24 Jul 2015 11:19Hausqualle schrieb:
.. is this a profession with negative associations for you? No, not at all!
I just lack belief.
Regards, Bauexperte
H
Hausqualle24 Jul 2015 11:29Bauexperte schrieb:
I just lack the belief .. every belief is a manipulation of the brain, but discussing this would go against the purpose and meaning of the forum ...