1. It is on the takeover subcontractor obligations to deliver the contract object according to agreement
2. Nevertheless, normally there will always be flaws and shortcomings that are discovered on the takeover
3. Takeover of the subcontractor's works takes place at the same time as the builder takes over from the total/general contractor
4. Most often, it will be the builders' objections and deficiencies that govern the overall/general contractor's opinion of the subcontractor's works, but not necessarily
5. The Total/General Contractor has a certain right to refuse a takeover if the deficiencies or a rectification thereof would impede the intended use, or because they have little practical significance
6. Similarly, one can only refuse a takeover if there are such errors and deficiencies in the FDV documentation that the subject of the contract cannot be operated as provided for
7. Both parties are obliged to attend the takeover business and a protocol shall be kept of all attendances
8. The protocol also includes all errors and omissions that are invoked as the parties undertake a careful and thorough examination of the entire subject matter of the contract
9. If the subcontractor disagrees with something contained in the protocol — for example, that something represents a defect — the disagreement must be entered into the protocol.
10. Both parties may bring experts to the examination
11. The Total/General Contractor is not obligated to take over before the agreed closing date.
I'm 12. The subcontractor does not have the right to hand over parts unless this is specifically agreed.
I'm 13. Total/general contractor has the right to subcontract after notifying the subcontractor thereof.
14. A consequence of partial takeover is that the daily mulch base during the delay period until final handover is reduced proportionally. At the same time, a partial takeover and use can create disruptions for the subcontractor, which can therefore notify a request for a deadline extension and/ or compensation adjustment if the disruptions imply increased burdens.
15. In the event of the takeover, the total/general contractor assumes the risk, if the daily deadline ceases to run, the subcontractor gets the right to send final settlements, etc.
