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Work not yet completely ready on the day of the provisional delivery
The day of provisional delivery
If entry is possible (i.e....can one also make use of all facilities and housing at the time of a provisional delivery...of the house), this is referred to as the delivery of a house or apartment (VO) and the contractor or construction promoter is no longer responsible for this house.... then they may not enter your house of their own accord immediately after signing this PV ...without your permission...even if you have not yet received the keys !
eg: can one cook / is there water...and is it correctly connected to the public network...and can one take a shower...or a bath / is there electricity ...and correctly connected to the public network...not a temporary solution! / are there floors everywhere / are there interior doors / is the interior staircase installed / is there safe access to the house...etc...
If the items described above are missing, it is already possible to speak of an impossible entry into the home and the delivery must be postponed... note ... you can only refuse a delivery if an example of the above items is not in order or installed. !
For all other comments during a provisional delivery such as e.g. plinth is not finished properly / kitchen cabinet doors are not properly adjusted / sealant has not been done properly / plaster still needs to be touched up...etc... one cannot refuse a delivery and these should be comments on delivery points that need to be repaired or updated after the provisional delivery...and this within 1 year after the delivery date! All payments and final settlements (final balance) must therefore be paid immediately after the provisional acceptance.
What is the difference between deferred works and remarks and penalty clauses!
The contractor or construction promoter indicates that he wants to make a delivery...and to include the works still to be performed in a PV of provisional delivery as a delivery point....e.g. garden fencing in wire or other... tiling outside/ patio... wall cladding... kitchen appliances... shower taps... electricity connection... etc... I will give here just a few examples of many.
Is not correct ... because then it becomes a delivery point and no deferred works ... and they use a year to solve this which is not correct ... you can no longer invoke a late fine ... even after a provisional delivery ... if both parties agree to deliver of course ! You can also postpone delivery for this ... regardless of both, they will always have to pay a fine per calendar day if they deliver the planned works too late according to the agreement!
The most important thing is how you formulate this on your PV of provisional delivery! Of course contractors and building promoters do not like to see this coming....because of course that costs them money. They will do everything they can to avoid this and still try to deliver with the aim of considering this as a delivery point...which is not allowed!
Do not forget to send a registered letter before the expiry of this agreed term according to the sales agreement ... at least a few days before that ... in which you indicate that you invoke the penalty clause for late delivery of the house ... Do you this after the agreed delivery date, then it counts from the date of your notice of default . You should not take into account weather delays etc... it is up to them to present this proof that they also rely on weather loss days and count this.
So pay attention when you make a delivery!
Works that have not yet been fully/or not completed on the day of the provisional acceptance are called deferred works!
In the case of postponed works, the contractor or construction promoter must follow the following rules.
Work that has not yet been carried out after completion ...are deferred works and may not be regarded as a delivery point in the event of a provisional acceptance... In case of postponed work, this must be carried out as soon as possible after delivery ... and if the term has been exceeded and these postponed works have not yet been carried out, one can invoke a fine for lateness here...this is in most cases €25 per calendar day!
Postpone payments after delivery!
Deferred payments due to deferred works ... That means that for each work and materials or equipment that has not yet been delivered ... you can invoke a deferred payment with the amount of the value of these works and materials and equipment still to be performed ... etc. ...
For this, they must present a document during a delivery that is signed by both parties of deferred works and payments with these amounts in detail ... and is therefore immediately deducted from the amount to be paid - final balance ... that's why I always give to everyone ...pay your last installment...and in most cases that is 5% and also the remaining extra work... not until after the provisional acceptance ...because a payment - final balance is not linked to a delivery ...but handing over the keys to the house...don't be fooled! Also let them know in advance that you want a deferred payment.
Finally: contractors and promoters who refuse to put your justified comments on PV during the provisional acceptance... is not correct...they must note this ...don't be fooled...also note agreed deadlines for carrying out repairs and works that have not yet been carried out on PV...a maximum of 60 working days independent of materials and delivery times yet to be delivered...I'll give you a few examples:
Update occupation / missing skirting boards / chambrant doors / sealants, etc... as soon as possible and this before the painter does his job (within 1 week)
Repair scratches on exterior windows (polishing) within 3 months.
Repairing scratches on window profiles...weather dependent...respraying on site...can take longer than 3 months!
Renew kitchen cabinets or worktop...within 12 weeks...depending on the duration of the materials and raw materials to be obtained from the manufacturer.
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PROCESS REPORT OF PROVISIONAL DELIVERY
Example of agreement
In the presence of the construction promoter-seller, owner-buyer and general contractor (architect not present/ present), it was established that, insofar as it concerned easily observable works, these were carried out in accordance with the specifications and the materials chosen, always subject to the comments noted in this official report, which must be paid within the time limits agreed herein (all of which commence on the date of this official report).
The seller acknowledges receipt of full payment of the construction price, the additional works requested, the various fees and the appurtenances and the keys to the house. The buyer acknowledges receipt of the keys.
Between the present provisional acceptance and the final acceptance, the construction promoter remains responsible for invisible defects, in accordance with Article 1641 and following of the Civil Code and Articles 1792 and 2270 of the Civil Code (10-year responsibility).
The buyers declare that they will maintain the building with due care.
The parties acknowledge that ...... will retain key to the property in order to make it easy for them to complete the finishing points and deferred works mentioned herein in a timely manner. The owner-purchasers reserve the right to reclaim this key at any time for any reason (eg once they occupy the property to ensure their privacy). ...............( contractor or construction promoter ) will carry out the finishing points and postponed works according to the rules of the art and the works are always checked for possible damage both before and after the works. Any damage already present for additional work must be reported to the owners-purchasers and is not suspected.
An example that you should definitely include in a PV for "comments..."
* ............ (name of contractor) and ................ (name construction promoter ) have confirmed that finishing points (eg 1 / 2 / 3)... will be solved within - (eg 1 week) as the interior painter starts his works on .............. ....
............( name of contractor ) and ................( name of construction promoter ) will provide photos for the following versions during the repairs: ( this is intended for executions of which you can no longer see and check this, e.g. under floor... in plasterwork, reinforcement etc.... )
The parties acknowledge that to the extent that any finishing points (comments in PV) are not corrected in time, by operation of law and without notice of default, a late penalty of EUR ........ ( according to the sales agreement ) per calendar day, without prejudice to the right of the owners -buyers to claim higher actual damages. The parties recognize that these provisions are reasonable in order to protect the legitimate interests of the owner-purchasers.
An example that you should definitely include in a PV for " deferred works..."
The parties acknowledge that a new tour will be organised, according to the principles applicable at the provisional acceptance, as soon as the postponed works have been carried out, in order to allow the owner-purchasers (possibly assisted by a construction expert) to check the conformity of the execution and after correct implementation of this...then only give an approval if a delivered point (per part).
Provisional acceptance is only accepted for the time being, subject to the strict condition that all deferred works are carried out as quickly as possible, and in any case within the aforementioned periods, since in principle they had to be carried out within the stipulated period stated in the sales agreement.
The parties acknowledge that to the extent that any postponed works are not corrected in time after agreements have been made on terms stated on the official report of provisional acceptance, by operation of law and without notice of default (i) ................. ..( promoter or contractor ) will return a lump sum corresponding to the actual value of the works and materials to the buyers-owners, upon first request, and (ii) a late penalty of EUR 25 ( e.g. see sales agreement ) per calendar day until all outstanding points have been resolved, on the understanding that to the extent that several finishing points have not been completed in time, the total lateness fines per calendar day will continue to run, without prejudice to the owner-purchaser's right to claim higher actual damage. The parties recognize that these provisions are reasonable in order to protect the legitimate interests of the owner-purchasers.
The parties acknowledge that to the extent that the deferred works were not completed on time during the provisional acceptance and the terms have expired according to the signed agreement, the late penalties will continue to apply per calendar day until all deferred works have been completed in full.
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The past has shown several times that despite all...many promises and kindness of these people involved during a delivery...to resolve all outstanding points (comments and postponed works) as agreed (with a wide smile ) and this is stated in PV with agreed terms...in practice this is a disaster...and they never fulfill their agreements...I see many emails passing from customers who eventually become impatient and to which there is little or no response from the contractor or construction promoter...when they finally come to solve these matters...not even after a period of one year until the final delivery according to the breyne law!
It is not because they think they have a year under the Breyne law for these comments (however, it is not explicitly stated that they are given a year for this)...that this should be regarded as a reasonable period of time to resolve outstanding points. to solve...which should actually be solved much faster!
Therefore agree on reasonable terms and have it stated in PV ... as well as the additional condition I wrote above. They cannot refuse that!
If this eventually has to come to court... then you are in a stronger position to demand fines for this lateness and to enforce the works.
It's about time that you act more justly against all the injustice and laxity/nonchalance of those who sin against these previous agreements and let it run its course...because they apparently have no time left and their attention is turned to other sites. ..and send you their cat!
Then they have to accept a little less so that the yards can be better followed up to quality executions and this according to the rule of the art and standards...and in the end they have fewer open points or postponed works!
I have a lot of clients who ask for my assistance...but my intention is to provide everyone regardless of whether they want assistance...or are unable to due to budget...lots of information in advance that they need to help themselves to be able to protect against mala fide practices and unilateral intrusiveness from all building contractors and building promoters...and poor execution, etc...
They think they only have the right to write down their demands and have them signed...and how the entrepreneurs want to fully cover and protect themselves...but what about the buyers or owners and their rights...nevertheless the breyne law has been in force for a while...are there serious holes in this already...and loopholes to cover themselves in...or they just ignore the breyne law?
You also have rights...let this apply...let it be known that you do not agree.
A modified and updated example above of how to have a PV drawn up has recently been used by myself at some large companies... although under great pressure to get this on paper and have it signed by all parties... they have to do this then also allow ... because that works on both sides ... if they fulfill their agreements there is nothing wrong ... if not then ....
There have been a few companies in the past that have willingly accepted notions of buyers without objections...without making a fuss about it...and rightly so, they clearly know that buyers have their rights too...and they can't refuse this...nice of them and a good example for many others...that's why I have worked this out even more and better to protect you even better... we are not there yet and still have a long way to go to pass...but we all persevere...(giving up...is not in my dictionary!)