ᐅ Having a Construction Contract Reviewed / By Whom? Is It Necessary?
Created on: 13 May 2022 11:28
A
Andreas_79
Hello everyone,
After endless reading, searching, discussions, and so on, we are slowly reaching the final phase of our house building project, although it really only begins at this point 🙂
We are now in the final stages with three providers and would like to sign something within the next four weeks if it fits, which looks likely at the moment. This brought up the question for me: who actually reviews the construction contract?
I checked online, and the consumer advice center in NRW currently does not offer contract reviews. Who else can I turn to? Is it even necessary to have such a contract reviewed, and do the major providers make any changes to the contract if we raise concerns? I suspect these are always the same standard terms and conditions, or do they vary from project to project?
How have you handled this? I am neither a lawyer nor an expert, and with such an amount of money involved, I would like to have a bit more security.
Best regards,
Andreas
After endless reading, searching, discussions, and so on, we are slowly reaching the final phase of our house building project, although it really only begins at this point 🙂
We are now in the final stages with three providers and would like to sign something within the next four weeks if it fits, which looks likely at the moment. This brought up the question for me: who actually reviews the construction contract?
I checked online, and the consumer advice center in NRW currently does not offer contract reviews. Who else can I turn to? Is it even necessary to have such a contract reviewed, and do the major providers make any changes to the contract if we raise concerns? I suspect these are always the same standard terms and conditions, or do they vary from project to project?
How have you handled this? I am neither a lawyer nor an expert, and with such an amount of money involved, I would like to have a bit more security.
Best regards,
Andreas
Nida35a schrieb:
According to the lawyer, it is problematic to terminate the contract in case of insolvency,
and the contract would continue to be valid. Yes, that would indeed be an issue, and yes again, the contract would continue to apply unless it is terminated. The event itself does not trigger termination, and the trustee might insist on the contract remaining in force. Likewise, they could likely reject termination if this clause is not included. Therefore, I consider it very sensible to explicitly include insolvency in the contract among the “important reasons” to avoid any disputes.
kati1337 schrieb:
... in case of extraordinary termination by the client which is attributable to the contractor, the contractor is only entitled to payment for the services already rendered... I consider this rather a toothless wish, for two reasons: first, because insolvency law contradicts this. “Only services rendered” as opposed to “also lost profits” is probably covered here by the agreed recognition as an important reason. However, “only services rendered” in the sense of “immediate full refund of prepaid upcoming work stages” is not, as explained above: a double standard. Second, the wording “attributable to the contractor” is not necessarily “secure.” Insolvency is not necessarily covered by this—at least not in the case of involuntary insolvency proceedings—and I don’t think the agreed recognition of insolvency as an important special termination reason alone implies this either. From my point of view, the termination reason in the case of applying this clause is mutually agreed upon, and in that sense “originates from both sides” (and is attributable).
Hopefully, the nonsense of the dispute between legal laypersons doesn’t get any more ridiculous if lawyers also join in—otherwise, someone might have to call “back to topic” on page 140 *LOL*
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Hi everyone,
To those who had their contracts reviewed:
Was anything truly fundamental found? And how willing were they to include the changes in the contract?
I am currently considering having my contract/specifications checked by the consumer advice center, but I am concerned this might delay everything, which could become costly given the price developments.
To those who had their contracts reviewed:
Was anything truly fundamental found? And how willing were they to include the changes in the contract?
I am currently considering having my contract/specifications checked by the consumer advice center, but I am concerned this might delay everything, which could become costly given the price developments.