ᐅ Developer does not disclose contractors

Created on: 17 May 2013 12:00
W
Wolfwolf
W
Wolfwolf
17 May 2013 12:00
Hello everyone,

Our builder (based in Fürth) refuses to provide us with the names of the contractors. We were informed that we will only be given the information about the company one week before the work starts.

Is the builder allowed to withhold this information from us?

Thanks in advance!
B
Bauexperte
17 May 2013 13:12
Hello,
Wolfwolf schrieb:


Our builder (based in Fürth) refuses to provide us with the names of the subcontractors. We were informed that the company will be disclosed to us one week before work begins.

Is the builder allowed to withhold this information from us?

I assume that your contractor does not yet know who will be carrying out the work and therefore cannot provide that information.

When is the work scheduled to start?

Best regards, Bauexperte
W
Wolfwolf
17 May 2013 14:18
However, all the contractors are confirmed.

When the work will take place is unpredictable; sometimes nothing happens for weeks, then it progresses again (these are 40 terraced houses).

The handover date is September 30th.

Our concern is whether they can legally withhold this information.

Most likely, they want to avoid contact, but from our point of view, it is urgently needed, as many things have gone wrong so far.


Bauexperte schrieb:
Hello,


I assume that your provider does not yet know who will carry out the work and therefore cannot provide any information.

When will the work begin?

Regards, Bauexperte
€uro
17 May 2013 14:36
Wolfwolf schrieb:
....our concern is whether they can withhold this information from us...
The contractual partner is exclusively the general contractor (GC), not the individual subcontractor of a specific trade. All questions regarding site management and coordination are also the responsibility of the GC. Therefore, it is at their discretion whether to share such information with the client.
Wolfwolf schrieb:
...they probably want to avoid direct contact, but from our point of view, it is urgently necessary, as many things have gone wrong so far.
From your perspective, this may seem appropriate or necessary, but the GC appears to assess the situation differently based on their own interests.

Best regards.
B
Bauexperte
18 May 2013 09:08
Hello,
Wolfwolf schrieb:

It is not foreseeable when the work will take place; sometimes nothing happens for weeks, then it continues again (there are 40 townhouses).

The occupancy date is 09/30.
With 40 townhouses, it’s about time then :-)
Wolfwolf schrieb:

Our concern is whether they can withhold this information from us.

They probably want to avoid contact, but from our point of view, contact is urgently needed because a lot has gone wrong so far.
€uro has already given the right answer; your first point of contact is your contractual partner. If they have guaranteed to provide the names of the tradespeople in writing, you will have to wait; only they know when the work will begin and when they must fulfill their contractual obligation to keep you informed.

One thing does interest me, though. If the work has not yet started, what has gone wrong already? And have you already informed your contractual partner about this in writing?

Regards, Bauexperte
H
Husmann
18 May 2013 11:19
As a client, it is naturally important for you to know the providers involved. Here is an overview of what the client represents.

The client is a person or organization that makes the entrepreneurial decision to plan and carry out a project and assumes the rights and obligations arising from that decision. According to Article 73 of the Bavarian Building Code, cited by Schub [3.7], the client is defined as “someone who, under their responsibility, prepares or executes, or has prepared or executed, a building structure.”

The client therefore defines the building task regarding scope, quality, schedule, and costs, secures the land and financing, commissions planners, contractors, and suppliers, and ensures the prerequisites for a largely smooth construction process by obtaining the necessary building permits / planning permissions and making timely decisions during the various design and construction phases.

Furthermore, the client coordinates the activities of all parties involved and supervises the execution according to quality, schedule, and cost after the planning is completed. This supervision takes place in feedback loops or control cycles during the individual stages.

From the perspective of efficient construction management, the client must particularly ensure that all construction services are carefully planned and tendered, that contractors receive the required execution documents (plans) on time and in full, and that the necessary decisions on their part are made promptly.

This requires familiarity with the providers.

best regards Husmann Expert Office