Hello,
After a lot of back and forth, we finally got a scheduled date for our house on November 25, 2020. At the beginning of September, we took the foundation slab out of the scope of our prefab house manufacturer and completed it ourselves so that the house could still be erected this year.
Then today we received a call from our house manufacturer saying that the window company delivered the windows incorrectly (exterior color inside and interior color outside). The installation date has been postponed indefinitely.
I understand that there is nothing we can do to have the house delivered this year, but are we entitled to any compensation? Should we get in touch with a lawyer?
Thank you very much in advance for your thoughts and opinions.
Best regards,
Susanne
After a lot of back and forth, we finally got a scheduled date for our house on November 25, 2020. At the beginning of September, we took the foundation slab out of the scope of our prefab house manufacturer and completed it ourselves so that the house could still be erected this year.
Then today we received a call from our house manufacturer saying that the window company delivered the windows incorrectly (exterior color inside and interior color outside). The installation date has been postponed indefinitely.
I understand that there is nothing we can do to have the house delivered this year, but are we entitled to any compensation? Should we get in touch with a lawyer?
Thank you very much in advance for your thoughts and opinions.
Best regards,
Susanne
YourValentine schrieb:
Of course, we are facing losses as we now have to cover the foundation slab over the winter. We either have to have the temporary electricity and water disconnected or continue paying for them over the coming months. Additionally, it cost us an extra 5000 euros to build the foundation slab on our own, and now it looks like the house will only be delivered next year (at which point the builder could have just done the foundation slab themselves). We also have to pay rent for several more months even though, according to our financing plan, we were supposed to be living in the house since November. Furthermore, we are losing 10,000 euros from the KFW funding as a result....So, double or even triple bad luck. That’s just how life sometimes goes....
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hampshire17 Nov 2020 14:13I believe your legal position for claiming compensation is weak. However, there is a possibility of negotiating a settlement—though certainly not for the full amount.
Who covers the cost of the windows at the manufacturer? Your developer? Is there any room for them to negotiate and pass on savings?
Compensation or a price reduction always has a direct impact on the result and is therefore quite unpleasant for the developer. A free additional service can represent full value for you but does not reduce the developer’s profits to the same extent. Consider this option when preparing for your negotiation. (For example: they could include driveway paving, which you would otherwise have to arrange separately.)
Who covers the cost of the windows at the manufacturer? Your developer? Is there any room for them to negotiate and pass on savings?
Compensation or a price reduction always has a direct impact on the result and is therefore quite unpleasant for the developer. A free additional service can represent full value for you but does not reduce the developer’s profits to the same extent. Consider this option when preparing for your negotiation. (For example: they could include driveway paving, which you would otherwise have to arrange separately.)
YourValentine schrieb:
Here is an excerpt from our contractI can’t read anything on the thumbnails. Who exactly is meant by "developer" here?https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
H
hampshire17 Nov 2020 15:36The term "developer" has become just as vague for a "company that builds your house" as "spot" has for a light fixture that is "round and recessed into a ceiling." Just give up...
hampshire schrieb:
Just give up...I’m not trying to split hairs here, but I just don’t understand the situation. Usually, when the original poster mentions a developer, they mean the general contractor. In this case, that would presumably be the prefabricated house company who only noticed the incorrect window delivery just in time. But then I would be surprised if an independently hired floor installer had more availability than one working for such a large client. Hence my question (to the original poster).https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
YourValentine schrieb:
Here is an excerpt from our contract Did anyone recognize something?
Let me put it another way: You correctly identified that it was a mistake not to agree on a completion date with the general contractor and to include a penalty for delays in the contract.
Now you are dependent on the goodwill of the general contractor.
The approach suggested by @hampshire is certainly worth trying, but as mentioned before, no actual damage has occurred yet (your list refers to things that have not happened).
Besides, the general contractor is not at fault, and currently, almost everything can be dismissed due to COVID-19.
...as someone wrote here, you just have triple bad luck.
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