How home building does not become a nightmare

How home building does not become a nightmare

Security, retirement, full control - there are many reasons why families fulfill the dream of having a home. However, without a solid contract, the project can quickly become a nightmare. Most people who choose their

new home live in rented apartments. Often, many months in advance, you have to cancel your rental agreement and all related contracts. If the planned move to the new house can not take place due to delays, then it gets dicey. The reason for such delays is typically

Issues in the contract that the builders overlooked have a clear rule that says when the contractor must hand over the house ready for occupancy. Without this rule dispute is inevitable. Because the builders have to argue about when the construction company would have to start with the work on the general experience and when they would have to be completed. In order not to address this problem, a fixed deadline must be set in the contract and linked to a penalty in order to exert financial pressure on the contractor in case of emergency. Recently, 100 building contracts were signed between private builders and general contractor of the builders protection federation examined. The result: For 56 percent of all contracts examined, completion dates and construction time were not regulated by

binding time limits . In 89 percent of all cases even a construction schedule was missing. Only 37 percent agreed a fixed price for completion. 46 percent of the contracts were marked by unconcrete or incomplete construction and service descriptions. Unfortunately, builders sacrifice a lot of time for the property search, but then become careless in the construction contract. Every client can save a lot of trouble and time if the contract is worked out individually and then expertly checked. Private home builders often at a disadvantage

Builders who consult an expert not only ensure that all important agreements are met Contract are written down. The pros also recognize where

pitfalls lurk, which can disadvantage the building customers. As an analysis of the BOD has shown, unbalanced contracts between builders and builders are the order of the day. The companies keep many backdoors open in the contracts themselves, while the private home builders have the disadvantage. In addition, many construction companies try to market their construction work early and require partial payments for early construction phases, which often are not yet completed. The most important building contracts

There are various ways to realize a construction project. The decisive factor is whether the prospective homeowners want to have the work carried out by different service providers or actively plan to work with them. The most important variants are then presented.

The classic building contract

In this case, builders acquire a plot of land on which they want to build their house. For the construction project, they either conclude construction contracts with individual craft enterprises or with a general contractor for the services to be provided. The parties may agree on the validity of the Civil Code or the VOB / B.

The Architect's House

Builders who hire an architect to look after their house construction must, in addition to the

Werkvertragsrecht , also consider the price regulations of the Pay attention to the fees for architects and engineers (HOAI). There is a decisive advantage here: In the case of botched construction, the architect is often available as a defendant. In addition, his professional indemnity insurance is liable for such problems. Builders must be petty

No matter which contract builders decide on - they should pay close attention to a few points and regulate them as concretely as possible. What was written in

should also be obeyed without any ifs or buts. The best contract is of no use if the client does not make use of them in an emergency. No money without performance Many builders conclude contracts containing unfavorable payment plans. It is particularly risky when high partial sums are paid in advance. If the construction company goes broke during this time, the money is also lost. The broker and developer law provides a balanced payment plan. It is important that the installment payments are only due when the respective construction progress has actually been made.

If the contracting party still insists on advance payments, the client should either refuse or demand

collateralisation

. This could take the form of a guarantee from the contractor. Attention : Subcontractors requesting a contract from the contractor for a long time because they have not seen any money from the developer for a long time, should beckons builders in a friendly manner. Future homeowners

have no contractual relationships with such subcontractors. But there is also an exception: If VOB / B has been agreed, the client can pay to the subcontracted craftsmen should the contractor be in arrears with his fees (§ 16 (6) VOB / B). Entitlement to benefits The specification defines what services the contractor must perform, which materials are used and how much the budget is. At the same time, however, it is the trigger for many disputes between the construction company and the client. The reason: The contracting parties do not describe the services, materials and special requests

concrete enough

. It is important that the entrepreneur is only obliged to the services that are listed in the contract. Everything else must be built or installed by the client. This even applies to services that seem so obvious - such as the installation of floor coverings or doors. Editorial tips :

How to make your building contract legally secure Dangerous is what you can not miss

  • Artikelbild: © racorn / Shutterstock

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