Assessment of the reconstruction on new windows (here: latch repositioning)

Dear Sir or Madam, we have constructed a single-family house with a general contractor. Completion was on 26.06.2020. After handover, it was noticed that the four windows on the upper floor do not correspond to the execution plan and consequently there is no escape route available on the upper floor, which according to the Brandenburg Building Code (we built in Brandenburg) must be present.

The construction company has accepted this defect.

They now offer us, I quote: "To end all further discussions about the number of windows to be modified, all 4 windows will be rebuilt so that all 4 elements have a clear passage height of at least 1200mm after the modification (at the tilt-and-turn sashes). For this purpose, the crossbars will be moved down by about 23 cm, a new TRAV glazing will be installed in the lower light, and new sashes will be mounted accordingly at the top. The existing old drill holes of the lower sash hinges on the interior as well as the drill holes of the old crossbars in the rebate area will subsequently be filled, sanded, and painted by a painting company after these works. No pins, caps, etc. will be used. However, the work can only be carried out at stable outdoor temperatures of at least 5 degrees Celsius."

Question to the group:

- From your point of view, is this offer, which will affect existing windows, a fair offer functionally and aesthetically? I find it difficult to assess.

- How would you deal with this?

- From our point of view, we are entitled to some kind of compensation (new construction work, impairment of existing windows)? How do you evaluate this?

Best regards

all 4 windows will be rebuilt in such a way that all 4 elements will have a clear passage height of at least 1200mm after reconstruction (at the tilt-and-turn sashes). For this purpose, the crossbars will be lowered by about 23 cm, new TRAV glazing will be installed in the lower light, and accordingly new sashes will be mounted at the top

Pictures would make this easier to understand. I believe I understood that it is about windows with fixed lower parts, whose frame below the opening sash - basically the sill height - is to be lowered in order to achieve the minimum emergency exit height. Wouldn't the fall height suffer as a result?

Yes, correctly stated. Surely the fall height will be reduced. Calculate that again.

I am more wondering if shifting the latch is technically okay. Has something like this been practiced on someone before?

How wide are the windows? The clear opening must be 900 x 1200 mm. As for height and width, it doesn't matter; even intermediate measurements are possible to my knowledge.

I rather wonder whether moving the latch is technically okay.

Text-wise, I think so, a picture of the current state would remain helpful.