English version below
The expert office Holzmann-Bauberatung® checks your building documents from the building contract and sales contract to the building description and the specifications.
A construction contract (service contract) is briefly described as a private law contract, which regulates the mutual exchange of services. In the construction contract, a contractor undertakes to produce a work against payment of a fee (by the client).
Construction contracts are generally concluded for new construction measures, conversions, renovations, refurbishments or even extensive individual services.
In contrast to the construction contract, the purchase of a prefabricated house is often linked to a purchase contract, for example. As the client, you do not order the individual trades, but buy a piece of the house, if you will. Basically nothing else than when you buy a car, only that when purchasing real estate not only stricter requirements apply, but also a notarial certification is required by law.
Since sales contracts often describe extremely inadequate individual services, it is particularly important to keep an eye on the details and to check exactly what you really want to buy in the end according to the contract documents.
The building descriptions should be the detailed description of a building to be erected, it is often the basis for a loan approval and part of the building contract or a purchase contract.
General components of such a building description are, for example:
- overall scope
- concept of construction work
- planning documents
In addition to this, there are usually descriptions of the local conditions, such as groundwater conditions and the like. The stipulations for the execution of the construction work, constructive and / or other features of the construction work and of course the performance in relation to the construction process, as well as the construction and site plans.
Contract specifications (german: Leistungsverzeichnisse; shortform LV) are the basis of every new building. All partial services of your new property are described here, on the basis of which your building is built and equipped.
In principle, clear and, above all, complete descriptions of the individual construction works should be summarized here. With this summary, comparable and thus also verifiable offers are obtained and ultimately commissioned.
The contents of such service specifications are generally divided into partial services or items, which can be differentiated as follows:
- base positions or reference positions to which alternative or allowance positions refer (basic positions).
- positions that describe services to be performed (service item or execution item).
- positions that you would like to be offered in order to have alternatives to basic positions (alternative position or choice position)
- positions with which services of the basic positions are supplemented (allowance position). Services which, based on experience, may be necessary, but the necessity of which is not yet completely clear at the time the list of services is drawn up (contingent position or requirement position).
- services that are described in more detail in the following positions (key positions)
In the Holzmann-Bauberatung® expert office, you can have detailed specifications and bills of quantities, construction contracts, sales contracts and other building specifications reviewed and checked so that in the end you not only get what you actually want, but also as clearly as possible can present desired details with your contract documents and in the event of a defect, the quality agreements are precisely presented.
In addition to deviations from the generally recognized rules of technology, the technical building regulations that have been introduced and violations of other legal requirements, the quality agreements are an important yardstick for assessing deficiency. If the quality agreements are formulated clearly and inevitably, the basis for the correct execution you want is in place. Apart from that, properly defined basics are advantageous for everyone involved in the construction and sometimes ensure smooth processes.
The costs for the examination of building contracts and contractual bases always also depend on the necessary scope of the construction measure and the existing and / or revised documents and your preparation.
The Holzmann-Bauberatung® expert office also has the opportunity to involve experienced lawyers in such testing and advisory services.