B
Bauexperte20 Dec 2010 21:35Hello,
Kind regards
n.luba schrieb:What does your contract say?
...what compensation payments can I claim if the contractually agreed completion date (ready for occupancy) is not met.
Kind regards
Bauexperte schrieb:
Hello,
What does your contract say?
Best regards Hello,
the following: "...
The seller commits to having the property ready for occupancy no later than 28.02.2011 and fully completed by no later than 31.03.2011.
If exterior work cannot be carried out within this period due to seasonal conditions, the seller must complete it at an appropriate time. The handover of the property upon readiness for occupancy is not affected by this. Delays in the construction of the property caused by circumstances for which the seller is not responsible, such as force majeure, strike, or execution of special requests, shall extend the completion deadline by the duration of the delay.
..."
Best regards
n.luba
B
Bauexperte21 Dec 2010 12:00Hello,
So you still have plenty of time.
If the above wording is the entire contract clause regarding construction time overruns, you missed negotiating compensation payments for each day of delay. However, if the handover date is delayed due to the current and likely continuing weather conditions, you have no claim for damages anyway => force majeure.
Apart from the fact that completing the exterior landscaping is, in my opinion, negligible, the situation is different if the construction can be completed independently of the weather (there are no delays due to the exclusions) and still there are "significant" overruns of the contractually agreed construction period. Case law always decides on an individual basis, whereby you should consider that you cannot simply claim an entire month’s rent as damages.
If construction delays occur in the new year, it is important to specify the reasons and — if the fault can be clearly attributed to the builder — you should prepare a detailed list of any additional costs incurred and first discuss and negotiate these with your builder. Note: you must be able to prove every loss or additional expense in detail.
Best regards
n.luba schrieb:
the following: "...
The seller commits to having the property ready for occupancy by no later than 02/28/2011 and fully completed by no later than 03/31/2011. If outdoor work cannot be carried out within this period due to seasonal reasons, the seller must complete it at a suitable time. The acceptance of the property upon readiness for occupancy is not affected by this. Delays in the construction of the property caused by circumstances for which the seller is not responsible, e.g., force majeure, strikes, execution of special requests, will extend the completion deadline by the duration of the delay."
So you still have plenty of time.
If the above wording is the entire contract clause regarding construction time overruns, you missed negotiating compensation payments for each day of delay. However, if the handover date is delayed due to the current and likely continuing weather conditions, you have no claim for damages anyway => force majeure.
Apart from the fact that completing the exterior landscaping is, in my opinion, negligible, the situation is different if the construction can be completed independently of the weather (there are no delays due to the exclusions) and still there are "significant" overruns of the contractually agreed construction period. Case law always decides on an individual basis, whereby you should consider that you cannot simply claim an entire month’s rent as damages.
If construction delays occur in the new year, it is important to specify the reasons and — if the fault can be clearly attributed to the builder — you should prepare a detailed list of any additional costs incurred and first discuss and negotiate these with your builder. Note: you must be able to prove every loss or additional expense in detail.
Best regards
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