construction delay
Your rights as a builder or buyer
If a construction project is not completed on time, this can result in considerable financial and personal burdens. Additional rental costs, loss of rent, hotel stays, commitment interest or other expenses can in some cases be reimbursed by the property developer as compensation.
Your claims in the event of default by the property developer
According to Section 286 of the German Civil Code (BGB), you as the property developer or buyer can assert claims in the event of delays if the contractually agreed completion deadline has been exceeded. If this is the case, you may be entitled to the following rights, among others:
- Compensation for damages: reimbursement of additional costs such as interim storage, replacement rented accommodation or provision interest.
- Contractual penalties: If stipulated in the contract, you can claim these for the period of delay.
- Reimbursement of legal fees: The costs incurred in hiring a law firm may also be reimbursable.
Your experts for construction delays
Ahmet Caglayan
LAWYER
Julian R. Urban
LAWYER
The JUR | URBAN team is at your side with expertise.
We advise you and stand up for your rights. For advice on the risks – especially in the event of insolvency – and to check your chances of success, please contact us by email at berlin@jur-law.de or call us on +49 30-5557 82820.
You can book online appointments here:
Our services IN CONSTRUCTION
JUR | URBAN supports you in enforcing your rights:
- Checking property development contracts for default provisions
We check whether and how default provisions are contractually stipulated in order to clarify your legal claims.
- Enforcement of claims for damages and contractual penalties
We advise you on which claims you are entitled to and help you to enforce them as easily as possible..
- Documentation and assertion of damages caused by delay
We support you in correctly documenting damages caused by delay and asserting them against the other party.
- Extrajudicial and judicial representation
Whether in out-of-court negotiations or in court – we are at your side to consistently assert your interests.
When is construction delayed?
A delay in construction occurs when the property developer fails to meet the contractually agreed deadlines. If the property developer is in default, he may even be liable for coincidence. If no specific deadlines have been agreed in the contract, the first step is to send reminders and set deadlines.
Damage for which compensation can be claimed
- Rental costs
- Rental cancellation costs
- travelling expenses
- Hotel accommodation or temporary storage costs for furniture
- Financing costs, in particular interest on travel costs
- legal fees
- Expert costs
Example from case law
In a judgement by the Court of Appeal (15.05.2018 – 21 U 90/17), a property developer was ordered to pay damages as a condominium was not handed over on time. The plaintiff received financial compensation for the rental of a replacement flat, the estate agent’s commission, the storage of furniture, the accommodation of guests and interest on provision.
Rely on our expertise to enforce your claims.
We will be happy to advise, represent and accompany you on your way. Please fill out the form and we will get back to you as soon as possible.