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Old 14.01.2015, 12:54
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Bought a flat. Timing issues

We bought a new flat. We agreed with the construction company about the moving date (end of January) We have arranged the final cleaning and the moving company.
Just before Christmas they (construction company) realised that the new floor was not properly done (was not flat. Tolerance is 3-4mm and it was 7mm). They had to take all the new parquet out (destroy it), fix the concrete floor underneath and put a new parquet on. Last week they realised that SAME issue is happening in the kitchen. We met them this morning and we told them the same: fix it. Of course as they said: it is our right to request them to fix it but of course they were hoping that we were gonna say: I does not matter. So now it is not possible to move to the new flat on the agreed date. We have to stay longer in the rented flat which luckily is still available. We have no problem to stay here longer as we are not in a rush and we want the flat close to perfect (=well done)
My question: Who pays the next month - february - rent? To my understanding that the construction company has to pay our full February rent.
My husband says that they are not gonna pay for all which I disagrees.
It is not our fault that we can not move in this month so I do not have to waste our money in another month rent.
What does the law say? Any ideas?
Also we would like to hire a professional to come with us the day of the final inspection (handling over) to check the whole lat and confirm that it is ok (nothing has to be redone). I can not find anybody who does this kind of job…
Many many thanks for reading my post.
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Old 14.01.2015, 13:03
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Re: Bought a flat. Timing issues

Why are you making this so difficult and not move in with the room blocked for a few days while they work?

It's not a big deal for a few days to have a crew around, it's a brand new house man enjoy it!

P.S When my parents had a new house built they were there every 2 days to check they were not doing things like you described and prevent these issues. You can't expect everything to go as you wish without some personal effort, especially when it comes to houses
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Old 14.01.2015, 13:09
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Re: Bought a flat. Timing issues

Just be grateful you can still remain in your apartment for another month and you don't have to move into a hotel or somewhere else temporary(and more expensive).
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Old 14.01.2015, 13:11
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Re: Bought a flat. Timing issues

Surely this would be in the contract?

I imagine most construction companies will have a clause to protect them in case a project over runs as, well construction throws up issues sometimes out of anyone's control.
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Old 14.01.2015, 13:22
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Re: Bought a flat. Timing issues

Normally, when buying a new building property, there should be like a clause in the contract that stipulates the compensation the building company has to pay you in case the flat is delivered late. This could be caclulated pro rata per day/week/month....

That would only apply of course if the deadline for delivery is by end of January in your case, which is not entirely clear from your story.

As for the professional you are seeking for the hand over, surely your insurance company / broker can help you and guide you in the right direction as to whom to contact.
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Old 14.01.2015, 13:23
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Re: Bought a flat. Timing issues

Check you contract.
There is usually a clause in there that gives them a bit of extra time to complete before they have to pay any penalties. Ours was 3 months but our builder was on time so it didn't make any difference to us.
I doubt very much that they'll pay your extra month's rent.
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Old 14.01.2015, 13:27
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Re: Bought a flat. Timing issues

No one should ever "just be grateful" for a badly executed contract, nor does being in the construction site every 2nd day as a layman help - actually it usually hinders.

If the parket has been placed incorrectly and way over the allowed tolerance as you state, and extra work needs to be done forcing you to move later, the company responsible for the mistake - in this case the company that placed the parket - has to pay for the extra rent or stay in a hotel. He can then claim that money from his own insurance. You will probably have to fight a bit, but open discussions in a polite calm matter, don't go guns a-blazing. Have you contacted the architect? Or have you bought this apartment from a Verwaltung company?

You can hire someone to go to the construction site and check it out, but I have to warn you they can cost up to 800 CHF an hour. And now might be a little too late since the work is finished and all the hidden stuff is, well, hidden.

You do have a period of 2 years of warranty which you can use to report problems that you notice. These two years are NOT from the day you move in, it's from the day of the official "hand-over of keys" from the architect to the person/company that built the building, usually before the last details are done.
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Old 14.01.2015, 13:56
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Re: Bought a flat. Timing issues

I totally agree with Helm. No one should ever just be grateful for a badly executed contract!! So if you go to the dentist and he does not remove the decay properly and put a filling on top you should be grateful and man up, eating even if it hurts! And if you have to have it redone, pay again.
It is a big deal for me to move in without all the work finish because I have 2 toddlers and because I do not want to have builders fixing and patching while we are there.
We have been going to the flat every single week since they started working on it. Of course it is not my job (and I do not have any knowledge) to measure and confirm that all the floors are flat!
I am going to have a look at the contract in case there is a clause regarding this scenarios
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Old 14.01.2015, 14:00
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Re: Bought a flat. Timing issues

I think Helm more or less nailed it. I would have written the same more or less, but my english isn't that good.
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Old 14.01.2015, 14:08
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Re: Bought a flat. Timing issues

"It is a big deal for me to move in without all the work finish because I have 2 toddlers and because I do not want to have builders fixing and patching while we are there."
100% in agreement having lived through a new build with a 3 month old & an 18 month old, builders in an out without even knocking on the door whilst I was trying to breastfeed, as they decided to put all the furniture outside to repaint the ceiling as the painter had been smoking dope & not done it correctly before we moved in. We also had to breathe in fumes of the newly varnished parquet.
We didn't have much choice as we had given up our flat for the expected date & had been naive enough to think the job would actually be done properly.
Maybe an architect would come with you but charge you. We had an estimation done before selling our house & it cost chf 1,000, but that's not exactly what you need.
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Old 14.01.2015, 14:23
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Re: Bought a flat. Timing issues

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Of course it is not my job (and I do not have any knowledge) to measure and confirm that all the floors are flat!
That job is not of the buyer, it's of the architect/ construction supervisor, and they must have had someone doing this job during the construction and there should be a paper at the end of the construction phase stating that everything is according to the rules (it's in their own interest). All these allowed tolerances are written in the multiple SIA Norms, and in a pink perfect world each professional should be self-aware and responsible to keep within these norms. Unfortunately sometimes problems are simply not noticed, or unfortunately not every builder is honest, so it might happen the apartment buyer will notice the problems only after moving in - hence the wonderful 2 year warranty.

Still, be aware there are hundreds of SIA Norms, followed by specific shades of grey coming from each professional guild, which might or might not overlap. And since you always have multiple people doing multiple jobs in a construction site, things like the parket not being within the 3-4mm might not be visible until the complete cleaning has been done. Delays are normal. Failures happen - houses are built by human beings.

Forgive me for reinforcing this, but in construction you need to keep cool and always be polite, even if harsh. Don't let anyone fool you, but a polite request can save months of conflict. I say this with the utter honesty of someone having to daily mediate insane rude clients and insane rude builders. Considering my own temper, it's sometimes very hard not to start a slap fest.
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Old 14.01.2015, 15:01
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Re: Bought a flat. Timing issues

You can book a bau-experte / bau-meister to come with you for the handover, should be about 500chf and they are generally v good at picking up points to be added to the protocol......worth it I'd say
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Old 14.01.2015, 15:03
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Re: Bought a flat. Timing issues

HELM,
Thank you so much for your nice answer and taking the time. I love it…! We are in the same page.
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