Architect + construction supervisor do not follow plans / use old plans

  • Erstellt am 2009-08-27 00:19:14

ubat

2009-08-27 00:19:14
  • #1
Hello everyone,

since we no longer know what to do and do not want to involve a lawyer yet, I hope to find help here.

The situation is this: since February/March we have been having a semi-detached house built through an architectural firm. The shell construction and installation are done, currently the windows are being installed and serious problems are now arising.

1. Problem window: kitchen window.
3.00m wide overall, and according to all plans 50cm of glass surface height. The installed window has 35cm of glass surface height. The architect and construction manager have known about the error for two weeks, yet the window was still installed and insulated this week, no steps were taken for replacement.
Letter with deadline, nothing happened. What helps besides a lawyer?

2. Problem window: division of a three-part window
Here the situation is somewhat more complicated.
We have a plan attached in the notary contract. Since then we have made several changes and received new, updated floor plans each time.
The window in question was never changed; however, apparently a mistake was made by the architectural firm so that on all the plans we received after the contract conclusion, this window is proportioned differently than in the plan attached to the contract.
Of course, we did not expect something like this and did not compare the plans from the contract with the new plans.
We want the window as it is in the current plans.
The architect is now evasive and claims that the plan attached to the contract is valid. But this is total nonsense, after all much of this plan does not correspond with the actual construction, which was carried out "largely" according to the current plan.
So several plans were used, the original plan for the window in question and the updated plan for the rest.
We have received the current plans multiple times in signed emails and also printed from the architectural firm; the window was always as desired there. The plans are dated and in my professional world the plan with the latest date is the _valid_ plan.
The architect is also absolutely obstructive here and we do not know what to do; as mentioned, a lawyer should be avoided at first.

... a lot of text, I hope someone has good ideas about what we can do. These are only small things from which one can easily buy oneself out, but with further defects the architect insists again that we simply pay, after all he would have had us pay for his mistakes once before.

Many thanks in advance to the hopefully savior in distress!
 

blurboy

2009-08-27 07:10:09
  • #2
1. Are you sure that the window including the frame was not specified as 50cm? If they have installed it like this now, then the masonry is also not correct.

2. The valid plan is actually always the one from the contract!!
 

ubat

2009-08-27 07:21:32
  • #3
Hello and thank you for the reply!

Regarding 1. Yes and yes. The plan says 50cm glass area and the masonry is not correct. The architect has already muttered something about "a mistake happened" but nothing is being done.

Regarding 2.: If the plan from the contract were valid and not the current plans, all changes carried out according to the new plans would not be lawful, that can't be true, can it? :( There have been massive changes carried out that affect a lot of masonry, if the contract plan is the valid one we could demand that it is done that way and not as shown in the current plans.

We will most likely have to seek professional help now.
 

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