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
Y
YourValentine17 Nov 2020 17:59The developer is our prefabricated house company.
However, they can’t use COVID as an excuse if they order the wrong windows or receive the wrong windows.
I took another photo of it.
However, they can’t use COVID as an excuse if they order the wrong windows or receive the wrong windows.
I took another photo of it.
YourValentine schrieb:
The developer is our prefabricated house company.
However, they can’t use COVID as an excuse if they order the wrong windows or receive the wrong windows.
I took another photo of it. In image 9, there is something mentioned about force majeure in the top cropped paragraph. That also includes bad luck.
As I said, ask your general contractor if anything can be done. You can always try. But you are not entitled to anything since it was not agreed upon.
Something isn’t right here.
If the installation date was supposed to be November 25, then your planning is seriously off, because “could have, would have, should have”—would you have moved in November? No.
I would say: if the installation date was supposed to be next week, then your handover would be at the end of February or March.
It’s not new or unusual that the financing plan conflicts with a prefabricated house company, as the latter in recent years often only offer installation dates after 12 or 18 months. Everyone has their own issues to deal with.
Of course, the situation is very unfortunate now, and it’s understandable that you’re upset, but it’s important to stay rational and keep a cool head during house construction. And have patience.
A wrong delivery is always possible. Yes, always frustrating. It’s less frustrating when there is a lot of construction going on, since then work can often continue.
My conclusion: another disadvantage of the prefab house industry is that the house is only delivered once everything is prefabricated, so there is no way to externally influence things if they don’t go as planned.
And I bet: everyone here in the forum has experienced something similar at some point. However, such things tend to be forgotten later 🙂
Edit: without having read this before: the homeowner is not responsible for a wrong delivery by a third party.
YourValentine schrieb:
This was communicated to us today, November 17, 2020, and the installation date would be next Wednesday.
YourValentine schrieb:
We still have to pay rent for several more months even though, according to the financing plan, we should have been living in the house since November.
If the installation date was supposed to be November 25, then your planning is seriously off, because “could have, would have, should have”—would you have moved in November? No.
I would say: if the installation date was supposed to be next week, then your handover would be at the end of February or March.
It’s not new or unusual that the financing plan conflicts with a prefabricated house company, as the latter in recent years often only offer installation dates after 12 or 18 months. Everyone has their own issues to deal with.
Of course, the situation is very unfortunate now, and it’s understandable that you’re upset, but it’s important to stay rational and keep a cool head during house construction. And have patience.
A wrong delivery is always possible. Yes, always frustrating. It’s less frustrating when there is a lot of construction going on, since then work can often continue.
My conclusion: another disadvantage of the prefab house industry is that the house is only delivered once everything is prefabricated, so there is no way to externally influence things if they don’t go as planned.
And I bet: everyone here in the forum has experienced something similar at some point. However, such things tend to be forgotten later 🙂
Edit: without having read this before: the homeowner is not responsible for a wrong delivery by a third party.
Y
YourValentine18 Nov 2020 02:23@ypg - when we signed the contract last year in summer 2019, the plan was to move in by December 2020 at the latest. We actually moved in in May, and now it looks like August is more realistic.
S
Stefan00118 Nov 2020 07:52How about the other agreements? The construction contract is only a part of the whole.
If, afterwards, you have discussions to modify it, and the general contractor says, “If you change the contract as follows, I promise you a list by date X,”
then that is definitely relevant, isn’t it?
If you have that in writing, it could well be worth the effort.
And the risk of things going wrong should lie with the general contractor, since it was not the original poster who hired the window supplier. However, it does make a difference what the reason was for the windows being delivered incorrectly or not at all.
If, afterwards, you have discussions to modify it, and the general contractor says, “If you change the contract as follows, I promise you a list by date X,”
then that is definitely relevant, isn’t it?
If you have that in writing, it could well be worth the effort.
And the risk of things going wrong should lie with the general contractor, since it was not the original poster who hired the window supplier. However, it does make a difference what the reason was for the windows being delivered incorrectly or not at all.
@ypg No, this has nothing to do with prefabricated houses. Not every prefab manufacturer has such a high level of factory completion. There are options ranging from just the walls without anything, up to fully finished including reinforcement.
@YourValentine
I would say it’s just bad luck and try the approach suggested by @hampshire. In theory, this should have been noticed during the incoming goods inspection, but practically, no. Both colors are present. For the prefab manufacturer, the wrong windows also mean costs. I don’t know how advanced the factory completion is, maybe a compromise would be to install the windows later and just set the walls up for now. For him, the walls are just in the way. They need to be cleared out and put back later.
@YourValentine
I would say it’s just bad luck and try the approach suggested by @hampshire. In theory, this should have been noticed during the incoming goods inspection, but practically, no. Both colors are present. For the prefab manufacturer, the wrong windows also mean costs. I don’t know how advanced the factory completion is, maybe a compromise would be to install the windows later and just set the walls up for now. For him, the walls are just in the way. They need to be cleared out and put back later.
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