Table of contents:
- Legal assistance from experts
- Discuss fixed price
- Incomplete building contracts
- Consult experts to check the construction contract
- Professional construction supervision
- You should pay attention to this before concluding the construction contract
- Pay attention to this at the conclusion of the construction contract
- Pay attention to this after conclusion of the construction contract
- Expert tips
Video: Advice from experts - experts accompany the building of the house and examine the building contract
To prevent defects and botch-ups when building a house, you should rely on experts. You will find professional support from them when it comes to issues such as building contracts and construction supervision. Experts look over the shoulders of craftsmen, structural engineers and architects at work.
Legal assistance from experts
Anyone who buys their house from the developer or from the general contractor should have the construction contract checked by an expert before signing. Because many construction contracts have defects that disadvantage the buyer inappropriately. Since most of the builders are laypersons, construction supervision in the form of constructional and legal assistance is necessary. Only those who specify everything in detail in black and white right from the start know what to expect.
Discuss fixed price
The clause "turnkey at a fixed price" is often included in the building contract. Ancillary services - such as the development of the property, the outdoor facilities or fees for the building permit - then remain with the client. If you ask and list additional costs, you will save yourself the nasty surprise. This also applies to the duration of the fixed price guarantee: If the construction contract contains the clause that the price should only apply for a certain period, the fixed price guarantee regulates when the price adjustment takes place and how it is calculated.
Incomplete building contracts
According to an investigation by the Association of Private Builders, two thirds of all building contracts for turnkey houses lack important planning services. There is no binding requirement as to what a building description should actually contain. Therefore, pay attention to a description that is as precise as possible, with precise details of the material used and the material value used. There is also no clear definition of when exactly a house is ready to move into. Builders should therefore agree on what services should be completed up to the point of availability.
Make sure that the building contract is drafted precisely.
Consult experts to check the construction contract
You can find sample contracts on the Internet that you can download. Play it safe with individual advice from a lawyer specializing in construction law. Experts, architects and numerous organizations offer a technical examination of the construction contract. For example, the Association of Private Builders, Haus & Grund, TÜV, Dekra, Builder Protection Association and the Consumer Protection Association Living in Property. Almost all facilities only carry out the examination of the construction and service description in addition to the combined one. Lawyers and architects can be found on the chambers, experts on the Internet. The legal and technical examination of the contract text costs you between 100 and 150 euros per hour. The associations often also charge flat rates plus membership fees.
Professional construction supervision
When you start building your dream property, look for expert construction supervision. The expert checks the construction steps, looks over the shoulders of the craftsmen, structural engineers and architects and recognizes defects and botch-ups at an early stage. For a single-family house, you expect costs of around one percent of the construction sum, i.e. between 1000 and 3000 euros. The effort is worth it in any case, because with the support of the professional you save a multiple of what you would otherwise have to spend on eliminating serious defects.
You should pay attention to this before concluding the construction contract
- Check ground
- Ensure access, supply and disposal
- Which regenerative energies should be used?
Pay attention to this at the conclusion of the construction contract
- Define building and property data
- Define construction and equipment
- Record dates for the start of construction, construction time and completion
- Agree remuneration and schedule for installment payments
- Pay attention to adequate insurance protection
- Have the contract checked by a construction lawyer
Pay attention to this after conclusion of the construction contract
- Ensure construction supervision
- Carry out acceptance carefully
- Are recognized rules of technology observed?
The best thing to do is to keep an overview yourself as the builder. This protects you from unpleasant surprises. If you also buy expert know-how, you are completely on the safe side.
You can protect yourself with a checklist for the construction contract.
Prof. Dr. Karl Robl, managing director of the Central Association of the German Construction Industry, explains what is important in the construction contract:
“The core of the construction contract is the specification of services. The builder must check them to ensure that the right material of the right quality is used. The contract should also guarantee timely completion.
Reputable contract partner: First you have to find a reputable contract partner. What good is the best contract if the contractor doesn't stick to it? Therefore, get references, ask the construction guild, and make sure that the company is based in the region. It has a reputation to lose and is quickly available for warranty claims.”
Contract model: The Central Association of the German Construction Industry, together with the owner association Haus & Grund, has drawn up a construction contract model for craftsman services and a single-family house construction contract for the commissioning of a construction company. The contract, which takes the interests of both parties into account in a balanced manner, can be downloaded free of charge by builders.