ᐅ Maintenance Contract for Temporary Construction Power Distribution Unit

RotorMotor schrieb:

So, I would say that needs to be checked in the contract?
Is the general contractor (GC) or the client responsible for temporary construction power?

That doesn’t matter. It has already been confirmed by one or more courts that the contractor is always responsible for temporary construction power. So it doesn’t matter what the building contract says.

I pay for the temporary power distribution panel, but if, for example, it gets stolen and we can’t get another one because the GC doesn’t have a replacement, the GC is always liable since they are responsible for fulfilling the contract. I hope I’ve explained this correctly. 🙂

Being Right, Getting Justice, and Enforcing Your Rights.
There is a certain logic in expecting the builder to handle this since it is necessary for constructing the house. However, this also applies to the later utility connections, as construction power is generally not used for heating, and “construction gas” does not really exist.

In practice, it will be very difficult to succeed with this. Larger, nationwide construction companies have standard contracts that are not changed for individual clients. Taking legal action afterward takes a long time, the construction site remains halted, but costs continue to accumulate. Few homeowners can afford that.

In the end, it does not actually become cheaper if the builder provides the construction power. They will charge for it—most likely at a considerably higher rate than if you negotiate directly with the electrician yourself.

Gregor_K schrieb:

That doesn’t matter. It has already been confirmed by one or more courts that the construction contractor is always responsible for temporary construction power. So, it doesn’t matter what is written in the construction contract.

Can you mention some court rulings on that?
I have often read about temporary construction power being provided by the client on site.
Was that always unlawful?

Maybe it depends on the nuances? I can imagine that it makes a difference whether a general contractor sells the total service including the foundation slab and possibly earthworks, or whether, like many prefabricated house manufacturers, they sell from the top of the foundation slab, with the customer having a second contract for the foundation slab and earthworks, or even tendering the latter separately.

RotorMotor schrieb:

Can you provide some court rulings on this?
I have often read about construction site electricity provided by the builder.
Was that always illegal?

According to
the Higher Regional Court of Schleswig, ruling dated August 31, 2022, Case No. 12 U 119/21
it is apparently always illegal when dealing with private consumers.

So, a fairly recent ruling. When we requested quotes, it was usually on the builder’s side.