ᐅ Exclusion of the builder. No access to the construction site.

Created on: 15 Feb 2014 17:52
S
Sanguinius
S
Sanguinius
15 Feb 2014 17:52
Hello,

the interior finishing is nearing completion. I do not have a key yet, as it will only be handed over upon takeover.

Unfortunately, the developer is currently doing everything to prevent me from accessing the property. When I request a meeting, there is no response. When I try to collect the key, it is not handed over.

So far, I have noticed various defects during my visits to the construction site. For example, misaligned washbasins, damaged flooring caused by contractors... It seems the developer no longer wants me to be on site.

Is this allowed?
I find it hard to believe. Until now, the developer has not been diligent in supervising the contractors’ work. The building surveyor for the final inspection was organized by the developer themselves and toured the site without my knowledge or presence. If I am no longer allowed to check the work, then who will?
Do I have the right to supervise the work on the construction site?

Best regards
N
nordanney
15 Feb 2014 18:09
Who is the client – you, the developer, or the general contractor? If you are building with a developer, you are usually not allowed to enter the house (unless otherwise specified in the contract), since you do not yet own the property.

It makes sense for you alone to arrange an independent inspector for the final inspection at your own expense. I would not accept the house without one.
S
Sanguinius
15 Feb 2014 18:16
Thanks for the quick response.
What exactly is a GU?

Hmm.. I don’t think the contract explicitly states that I have access at any time. The transfer of ownership hasn’t happened yet.
Der Da17 Feb 2014 13:19
Since you are working with a developer, you usually do not have the right to enter “their” house.

The developer is only obligated to deliver a defect-free house to you. What happens during the construction phase is not your concern, or it should have been contractually regulated.

I doubt that you can decide whether the house is free of defects at the handover… so be sure to bring an expert for the acceptance inspection or have it checked beforehand.