Hello everyone,
we are currently building a single-family house with a general contractor and have registered here to possibly get your opinions from time to time.
Right at the start of the construction, we did not fully agree with our general contractor on the final invoice for earthworks.
Previously, we were informed in writing that the additional costs for earthworks were estimated and that the exact billing would be done after the completion of the measurement survey. We agreed to the mentioned extra cost. The site manager referred to the soil survey for the earthworks and calculated the amount of topsoil removal and backfilling with crushed limestone based on this.
However, the actual amounts of topsoil removal and backfilling were different because the subcontracted civil engineering company did not find the depth of topsoil removal necessary. At the same time, I must mention that, at our request, more excavation was done on the site than initially discussed with the site manager.
In the final invoice, we were then told that no additional costs would be charged to us and that the previously calculated cost estimates remain unchanged. I have asked the general contractor to provide us explicitly with the invoice from the civil engineering company. However, the general contractor is refusing to forward this invoice to us, stating: "A healthy amount of mistrust is good, but no trust at all...!" Instead, we only received a cost summary from the general contractor, which is no longer transparent for us.
What do you think? Is the general contractor allowed to withhold the final invoice from the subcontractor? After all, this concerns additional costs of about 7,000 euros (around 7,000 €), which unfortunately we have already paid!
Thank you very much in advance for your opinions and responses and for your effort!
Best regards to all fellow builders!
we are currently building a single-family house with a general contractor and have registered here to possibly get your opinions from time to time.
Right at the start of the construction, we did not fully agree with our general contractor on the final invoice for earthworks.
Previously, we were informed in writing that the additional costs for earthworks were estimated and that the exact billing would be done after the completion of the measurement survey. We agreed to the mentioned extra cost. The site manager referred to the soil survey for the earthworks and calculated the amount of topsoil removal and backfilling with crushed limestone based on this.
However, the actual amounts of topsoil removal and backfilling were different because the subcontracted civil engineering company did not find the depth of topsoil removal necessary. At the same time, I must mention that, at our request, more excavation was done on the site than initially discussed with the site manager.
In the final invoice, we were then told that no additional costs would be charged to us and that the previously calculated cost estimates remain unchanged. I have asked the general contractor to provide us explicitly with the invoice from the civil engineering company. However, the general contractor is refusing to forward this invoice to us, stating: "A healthy amount of mistrust is good, but no trust at all...!" Instead, we only received a cost summary from the general contractor, which is no longer transparent for us.
What do you think? Is the general contractor allowed to withhold the final invoice from the subcontractor? After all, this concerns additional costs of about 7,000 euros (around 7,000 €), which unfortunately we have already paid!
Thank you very much in advance for your opinions and responses and for your effort!
Best regards to all fellow builders!
K
Krampmeier16 Feb 2014 18:55I’m afraid there’s nothing more that can be done here.
My lesson from similar experiences during our construction project is: Never carry out work without a prior written offer from the contracting party for the additional work to be performed. The contracting party responsible for the extra work can be either the developer or the contractor, usually the latter. When I agree on reductions in scope with a subcontractor (as happened in your case), the costs are deducted from the final house price – at least that’s what the site manager said. I hope that works out as well.
Of course, the entire construction process can be delayed somewhat if the companies cannot start immediately after discussing the requests and instead have to prepare an offer first. But at least this way, you are protected from extremely high and unexpected bills…
My lesson from similar experiences during our construction project is: Never carry out work without a prior written offer from the contracting party for the additional work to be performed. The contracting party responsible for the extra work can be either the developer or the contractor, usually the latter. When I agree on reductions in scope with a subcontractor (as happened in your case), the costs are deducted from the final house price – at least that’s what the site manager said. I hope that works out as well.
Of course, the entire construction process can be delayed somewhat if the companies cannot start immediately after discussing the requests and instead have to prepare an offer first. But at least this way, you are protected from extremely high and unexpected bills…
No matter what happened, you have already paid without any reservations. In case of a dispute, this is usually considered tacit acceptance. I am not a lawyer, but I see little chance for you. However, the invoice does not actually concern you if you are not a contracting party of the contractor.
Hello, I don’t quite understand where the additional costs of €7000 could have come from? For 1 meter (3 feet) more terrace and a parking space??? As the original poster writes here, only topsoil (about 40cm (16 inches)) was removed and replaced with gravel. This is being built without a basement, right??? So no excavation pit and no disposal of excavated soil! What area are we talking about? Sorry, but something doesn’t add up... for about €7000, my excavator operator removes nearly 250m² (2690 sq ft) to a depth of 40cm (16 inches), fills in, and compacts... Regards, fragri
K
K.Brodbeck7 Mar 2014 06:20Hello Markusch,
These two sentences are at the heart of the problem. If the final billing is done after completion, you cannot agree to an additional price upfront.
Unfortunately, I don’t see a positive outcome for you since you have already paid the amount. Or, if you still owe the general contractor any money, deduct this amount with reference to the letter!
Kind regards
K.Brodbeck
Markusch schrieb:
...
Previously, we were informed in a letter that the additional costs for earthworks were estimated, and the exact billing would take place after the final measurement was completed. We agreed to the aforementioned additional price.
...
These two sentences are at the heart of the problem. If the final billing is done after completion, you cannot agree to an additional price upfront.
Unfortunately, I don’t see a positive outcome for you since you have already paid the amount. Or, if you still owe the general contractor any money, deduct this amount with reference to the letter!
Kind regards
K.Brodbeck