ᐅ Delivery issues, material shortages – as of October 2022

Created on: 19 Oct 2022 08:12
N
Nixwill2
Hello everyone,

Since July, we have had our approved building permit / planning permission, but since then, absolutely nothing has happened on the part of the home builder (prefabricated house). No planning is being done until the selection appointment, and we have now been given an appointment for this in February 2023.

The original timeline was for the basement in December 2022, the house about 4-6 weeks later, and moving in roughly April-May 2023.

Now we are being told that the basement will arrive at the earliest 2-3 months after the selection appointment, the house will be delivered not 4-6 weeks later as originally planned, but in 5-6 months, and the finishing work will take not 3-4 months but rather about 6 months.

Overall, this means that it could be a whole year later before we can move in than originally agreed.

We have a construction contract under the building code. Unfortunately, the contract does not say a word about delivery or move-in dates (I know, we were quite naive and foolish to trust the sales representative so much).

All of this is repeatedly explained by missing materials and supply problems, although we actually believe that the builder overcommitted with orders, took on way too much (before everything completely collapses), and now cannot deliver quickly enough.

(Of course, we are also struggling with costs and cannot and do not want to just stand by. Losing the subsidy hit us pretty hard, then of course the general price increases — from June 2023 we will have to pay the full loan plus our current rent, and from November 2023, also default interest at the bank. The kitchen is scheduled for delivery in May 2023, which will bring price increases and storage costs to us, and as I said, the selection appointment hasn’t even happened yet—we don’t even want to know the prices for floor coverings and such.)

What I really want to know from you is: what is the actual current situation regarding raw materials? I have lost track and hear here and there that things have actually stabilized. Sure, it’s not like before (order today, arrive tomorrow), but if you plan smartly, you can usually get your materials on time. It’s no surprise anymore that if I need insulation for a house in four weeks, it will work out.

What can you tell me about this? Is the delivery situation still as bad out there?

Best regards
Nixwill219 Oct 2022 09:55
SaniererNRW123 schrieb:

It’s stated in the law.
That’s why I asked if any specific timelines were mentioned before signing the contract. You haven’t answered that yet.
Otherwise, case law defines the deadlines.
You should definitely discuss this with a lawyer.

Sorry, this somehow slipped my mind...

Unfortunately, we never received anything in writing. Although we took detailed notes at every appointment and wrote pages of records, they never mentioned or confirmed anything to us 😕.
kati133719 Oct 2022 10:03
WilderSueden schrieb:

Clay roof tiles excepted, those are probably no longer even available to order.

Apparently, our builder had a sixth sense. Months ago, he brought a sample tile on his pickup and asked if we were sure we wanted them because he was planning to order them. As of today, you could say we got lucky.
kati133719 Oct 2022 10:06
Nixwill2 schrieb:

Sorry, this somehow slipped through...

Unfortunately, we never received anything in writing. Although we took detailed notes at every appointment, we never got any statements or confirmations from them 😕.

In the end, only what both parties have signed counts. It’s difficult to provide help without knowing the exact wording of the contract. But if nothing is specified about construction time or completion in the contract, your position is probably weak.
I would also recommend consulting a specialized lawyer. You don’t have to tell the construction company directly, but it’s important to get expert advice. A lawyer can tell you whether your construction contract is valid at all and which laws apply.
Nixwill219 Oct 2022 10:15
We are planning to consult a lawyer soon; maybe setting a deadline or something similar could help prevent things from getting worse…

Thank you very much for all the responses… Even though my introduction was a bit of a rant, this shouldn’t be the sole focus (that doesn’t mean I’m not grateful for every piece of advice!!). The thread title expresses my main question, and some of the answers I’ve received here are similar to what I’ve heard in personal conversations (if you plan properly, almost everything should work out well).

I just want to better understand the actual situation for a meeting with the managing director so I can respond directly. Our situation is bad, I’m sure of that, but probably not many people here can help with that since we are to blame ourselves and keep blaming ourselves daily…
Tolentino19 Oct 2022 10:19
If what @SaniererNRW123 wrote a few posts ago is correct, then having no description at all might be better than a vague one that allows the contractor to effectively adjust the construction period dynamically. However, the question remains whether this is actually stipulated by law or if generally acceptable time frames have been established through case law. This makes a significant difference in terms of enforceability.
Nixwill219 Oct 2022 10:28
Really very good arguments here... Thanks for every single one...