Hello,
we have a problem with our builder.
According to the plans, we agreed with the builder that a basement window would be made smaller and a patio door would be installed in the kitchen. Both of these points are included in the purchase contract.
In January, our basement was poured, and after the formwork was removed, we noticed that a wide basement window was planned again at that location. I informed the seller about this 3 weeks ago (both in writing and by phone). He said he would get back to me, but since then I have not been able to reach him. Today we visited the construction site again and found that the walls of the ground floor are being raised, and that the opening for the patio door in the kitchen is missing. The wall was simply built through at this point. Furthermore, we found that agreed changes to the locations of other patio doors and windows were also not carried out.
When I looked at the very first plans we had from the builder, I realized that the measurements currently being used on site are exactly those shown in the original plans.
What can we do now? I have already pointed out these defects to the builder by email and will try again tomorrow to contact the site manager and the seller.
The basement window and the patio door are specified in the purchase contract and notarized. We have also paid for these additional features. The builder has known about the requested window relocations for a month, and I approved the plans for the architect 10 days ago. They should therefore be available to the builder.
What rights do I have against the builder? The larger basement window is located directly below the patio door, which makes creating a proper entrance only possible with considerable additional costs.
we have a problem with our builder.
According to the plans, we agreed with the builder that a basement window would be made smaller and a patio door would be installed in the kitchen. Both of these points are included in the purchase contract.
In January, our basement was poured, and after the formwork was removed, we noticed that a wide basement window was planned again at that location. I informed the seller about this 3 weeks ago (both in writing and by phone). He said he would get back to me, but since then I have not been able to reach him. Today we visited the construction site again and found that the walls of the ground floor are being raised, and that the opening for the patio door in the kitchen is missing. The wall was simply built through at this point. Furthermore, we found that agreed changes to the locations of other patio doors and windows were also not carried out.
When I looked at the very first plans we had from the builder, I realized that the measurements currently being used on site are exactly those shown in the original plans.
What can we do now? I have already pointed out these defects to the builder by email and will try again tomorrow to contact the site manager and the seller.
The basement window and the patio door are specified in the purchase contract and notarized. We have also paid for these additional features. The builder has known about the requested window relocations for a month, and I approved the plans for the architect 10 days ago. They should therefore be available to the builder.
What rights do I have against the builder? The larger basement window is located directly below the patio door, which makes creating a proper entrance only possible with considerable additional costs.
The plans on which the house is currently being built apparently date back to April 2014. We signed the purchase agreement with the notary in November 2014. This contract included the patio door as well as the smaller basement window. The seller also presented this plan to us at that time.
Regarding the window changes, these modification requests were communicated to the seller by us on January 9th. The seller then forwarded them to the architect’s office. It took a very long time before any action was taken, and after several follow-ups on my part, the plans were finally completed and, according to the architects, forwarded to the seller after my approval.
Regarding the window changes, these modification requests were communicated to the seller by us on January 9th. The seller then forwarded them to the architect’s office. It took a very long time before any action was taken, and after several follow-ups on my part, the plans were finally completed and, according to the architects, forwarded to the seller after my approval.
T
toxicmolotof11 Feb 2015 08:19What does "incorporated into the contract" mean? Does it refer to something included in the text or in a technical drawing (of any type or quality)?
T
toxicmolotof11 Feb 2015 08:45If it is actually a developer, you can't dictate anything. You are not the client and therefore have no say. It sounds harsh, but that is the reality.
I would try to resolve this matter as quickly as possible.
I would try to resolve this matter as quickly as possible.
Is the purchase contract a construction contract?
It would be helpful if you could answer the following questions: are YOU the builder or is it the developer?
See here:
If you are the builder yourself, the signatures on the revised plans count.
It would be helpful if you could answer the following questions: are YOU the builder or is it the developer?
See here:
toxicmolotow schrieb:
If it really is a developer, you can demand whatever you want. You are not the builder and therefore have no say. Sounds harsh, but that’s how it is.
...
If you are the builder yourself, the signatures on the revised plans count.
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