iteach
2011-10-26 19:07:17
- #1
How can I legally reduce an advance payment if a defect is present? Do I have to follow a specific form, e.g., in writing by registered mail, etc.? Do I have to justify the reason for the reduction? Who determines how much I am allowed to reduce? Does the reduction have to be explicitly for this particular installment, or can it also be made later (e.g., window installment paid because it was okay, now windows are unusable because they are smeared with plaster)? Can one then, for example, reduce the electrical installation installment? Suppose the completion of a house is promised for early November, but this cannot be met due to errors affecting the organization of the trades. Am I allowed to reduce the subsequent claims to motivate the homebuilding company to complete the remaining work faster than before? If yes, how much? I am concerned that the final installment will not cover the contractual penalty incurred.