Architect totally messed up - experiences?

Ask your appraiser what he advises. Company is solvent?

Yes, solvent

Hello,

...Time for a lawyer?

Even though you write further above that the provider is solvent, your site manager is not quite right (he reports the completion of the trades to the administration and based on that the partial payments are sent) :(

Lawyers cost a lot of money and in most cases twice as much, since the majority of pre-litigation and certainly court decisions end in a settlement. According to your own statement, you have already been to the Association of Private Builders – before you involve a lawyer, you should first inform your expert about the condition of the construction site and, if necessary, conduct another inspection with him. Even though we are heading toward drier times according to the weather forecast, water in the quantity you described always means imminent danger and requires immediate action. Discuss the options with him and then act in close coordination with him. Very important: Object to the partial payments for rough installation, window installation, and interior plaster _with_ justification and – if possible – with photographic evidence via registered mail with return receipt!

If the expert considers the involvement of a lawyer necessary, he will inform you. In many cases, however, just commissioning an expert is enough; his involvement often spurs the providers to act.

Kind regards

Building Expert
Honest - Professional - Innovative

hello,
i am currently looking at the process here.
for me, this is a clear planning error, which was then also executed.
the blame lies with the planner and the executing shell builder. it should never have come to this point. my recommendation is to stop all work immediately and have the section of the house/roof removed and done correctly. cost coverage, shared between the planner and the shell builder.
if you agree to any compromises, you will never enjoy the house your whole life. and you will have wasted a lot of money.
so do it right now and don’t regret it later!!!
good luck.
regards h. haass

Hello,

... the planner and the executing structural engineer are to blame. It should never have come to this. My recommendation is to stop all work immediately and dismantle the area of the house/roof and do it properly. Cost sharing, proportionally between planner and structural engineer.

An emotional and therefore not very constructive comment ;)

To make such a "recommendation" in the absence of knowledge of the contractual arrangements both internally and externally is a more than daring statement.

Best regards

I do not find that in the slightest way daring. It is obvious that there is a serious planning and execution error here. I think that contractual interpretations will not help either, as the facts are clear. For what reason should the client now bother with contractual interpretations that do not benefit him? The fact is, the construction is wrong, and this must be corrected. The specifications of the VOB and contract law are clear and very easy to apply in this regard. Regards h.h.

Hello,

I do not find that daring in the slightest

Sigh, I had almost feared that, I don’t dare to ask what you do for a living :confused:

I think that no contractual interpretations will help here either, since the situation is clear.

The word “contract” comes from “vertragen” (to tolerate) – you’ve surely heard or read that somewhere before. According to that, the contract also regulates how problems – here the missing bay window – must be resolved. Maybe there are also annexes to the contract where deviations from the VOB/building code are recorded, maybe there were GA (supplementary agreements), etc.

What I find particularly constructive about your answer is the suggestion that ‘Krolock’ intervene on his own initiative in the contract design by “having the section of the house/roof removed and done properly”. It seems you have still not heard that the builder is entitled to remedy the probable default within certain deadlines, nor that no builder is immune from making mistakes (people are at work and people make mistakes) but the single-family house only has to be handed over free of defects?

This statement as well “cost sharing, proportional to planner and shell builder” is quite endearing. The shell builder executes the plans handed over to him. So before you start with premature accusations, it must first be clarified where the fault occurred: with the planner or the shell builder. Only if no agreement according to the contract, its possible annexes, and certainly in the interest of ‘Krolock’ can be reached – should further measures be taken in close consultation with an expert to be involved.

The way you present yourself here, I can only wish that no minimal error happens in your construction project – your hotheadedness, as shown here – will certainly get you into “deep trouble”.

Kind regards