ᐅ Is it advisable to have a preliminary inspection, or does it commit us to anything?
Created on: 29 Mar 2024 00:39
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Elwood62Our semi-detached house is practically finished; only the masonry double garage is still pending. This means the builder is definitely behind schedule.
The agreed completion date is now approaching.
The builder has asked us for a "pre-acceptance" inspection of the semi-detached house. However, I do not want to carry out an early partial acceptance of the semi-detached house.
Am I committing to anything by agreeing to the pre-acceptance? I would prefer to do it now to avoid losing more time later.
What do you think?
The agreed completion date is now approaching.
The builder has asked us for a "pre-acceptance" inspection of the semi-detached house. However, I do not want to carry out an early partial acceptance of the semi-detached house.
Am I committing to anything by agreeing to the pre-acceptance? I would prefer to do it now to avoid losing more time later.
What do you think?
Elwood62 schrieb:
The developer has now offered me a partial handover, Elwood62 schrieb:
However, I do not want to proceed with an early partial handover of the semi-detached house. Just to clarify: a partial handover means only by mutual agreement, as that is when the warranty period begins. Both parties must agree.
Elwood62 schrieb:
The developer has now asked us for a "pre-handover" of the semi-detached house. You didn’t want a partial handover, and now the contractor is coming with a pre-handover… I don’t see the difference. A handover is a legally binding act; you can still imagine what a partial handover might be, especially in your situation with the missing garage…
What consequences would a pre-handover have that differ from partial handovers?
Elwood62 schrieb:
In return, I should pay the remainder, minus 50,000 €, which would then be due upon completion of the landscaping and the double garage. I find that logical and see no issues with it.
I didn’t respond to your first thread either, because of course there is some legal uncertainty, and I do not agree with 11ant’s reply at all.
But that doesn’t mean much. I built my own house and looked into handovers at the time. Theory is very patient, so in your place I would accept the house, with proper documentation and all the associated risks as well as opportunities, finally enabling you to move in. It doesn’t make sense to leave the house unused now until the garage is built. That could take months with the local authority involved, and the developer’s hands are essentially tied. It would be a lose/lose situation for both of you instead of win/win.
Money/move-in… you have to pay anyway; a delayed move-in or takeover means double expenses and wear you down. I see no positives in that.
Do the house handover, have it properly recorded (which is mandatory anyway), and look forward to your first night in the house – because that is possible even without the garage. It will come later.
I would appreciate it if you could open only ONE thread for ONE issue—even if it has multiple aspects. Even for fellow participants with 11ant-level memory, such partial cross-postings https://www.hausbau-forum.de/threads/verzug-wegen-hoeherer-gewalt-versorgungsleitungen-unter-garage.47143/ are unnecessarily exhausting.
I don’t understand you in two ways:
Firstly, not your attitude, because in the original thread you mentioned that you don’t have much moving pressure;
and secondly, I don’t understand your problem because you somehow always express yourself unclearly. What is this actually about: are
a) your house connections / house inlets not in place yet or needing to be removed/re-routed, or
b) are the lines for the rest of the street that, due to coordination misunderstandings, lie under your planned garage?
Please describe the difference in our viewpoints in more detail. I said: 1. the fault lies with the builder and its agents; the original poster bears no apparent blame and has no duty to mitigate damages; 2. if he accepts a withholding of payment that does not exceed his costs for a substitute performance, he risks having to actually undertake such performance.
If the work is now largely complete (house with permanently functioning connections ready for occupancy) and only the ancillary part (garage) is outstanding, I see neither reason, occasion, nor justification to refuse acceptance by a formal handover with the appropriately recorded result. I would just remind you of my point about the causal relationship between delay penalties and the expected waiting time until the overall agreed completion.
However, if the house is not yet truly ready for occupancy (because the connections still have to be rerouted), I consider it not yet ready for acceptance.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Elwood62 schrieb:
Our semi-detached house is practically finished; only the masonry double garage is still pending. This will definitely cause the builder to be in delay. Now, the agreed deadline is approaching. The builder has asked us for a “pre-acceptance” of the semi-detached house. However, I do not want to carry out an early partial acceptance of the house. Am I committing to anything by agreeing to the pre-acceptance? I would like to do it now to avoid losing more time. What do you think?
I don’t understand you in two ways:
Firstly, not your attitude, because in the original thread you mentioned that you don’t have much moving pressure;
and secondly, I don’t understand your problem because you somehow always express yourself unclearly. What is this actually about: are
a) your house connections / house inlets not in place yet or needing to be removed/re-routed, or
b) are the lines for the rest of the street that, due to coordination misunderstandings, lie under your planned garage?
ypg schrieb:
I didn’t respond to your initial thread either, because of course a certain legal uncertainty exists and I do not agree at all with 11ant’s answer.
Please describe the difference in our viewpoints in more detail. I said: 1. the fault lies with the builder and its agents; the original poster bears no apparent blame and has no duty to mitigate damages; 2. if he accepts a withholding of payment that does not exceed his costs for a substitute performance, he risks having to actually undertake such performance.
If the work is now largely complete (house with permanently functioning connections ready for occupancy) and only the ancillary part (garage) is outstanding, I see neither reason, occasion, nor justification to refuse acceptance by a formal handover with the appropriately recorded result. I would just remind you of my point about the causal relationship between delay penalties and the expected waiting time until the overall agreed completion.
However, if the house is not yet truly ready for occupancy (because the connections still have to be rerouted), I consider it not yet ready for acceptance.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Elwood62 schrieb:
The developer has now asked us for a "pre-acceptance" inspection of the semi-detached house.What did you decide on?Similar topics