ᐅ Developer does not build according to the plan

Created on: 10 Feb 2015 21:37
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eric2610
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.
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eric2610
11 Feb 2015 10:31
It is a notarized purchase agreement. We bought a house from the developer and configured it before the purchase.
The contract was for a house based on the builder’s specifications, with additional special agreements.

However, I have now clarified this with them. They have recognized the error and will correct it. I am quite satisfied with that. We will get our original request fulfilled.
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toxicmolotof
11 Feb 2015 10:35
However, as a buyer (BT), you still cannot impose a construction stop.

Maybe it’s easier to build all the houses according to the plans first and then later enlarge the openings. (Although it doesn’t make sense, it would be possible.)
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Olli1983
1 Mar 2015 09:56
I am not a professional. However, if the contract is not adhered to, this results in defective performance. The client then has the right to correction or compensation for damages.