Bathtub in front of window, railing too low, contractor is obstructing

  • Erstellt am 2021-09-20 14:02:37

BananaJoe

2021-09-20 15:08:35
  • #1
That is correct. But when I’m just airing out the bathroom, I don’t want to have to stand next to the window all the time to make sure nothing happens. Also, one can simply forget to lock the window (no one is perfect). Which is more of an incentive than an obstacle for children... Sure, that would be the cheaper solution. But a new building where you can’t fully open any of the windows in the main bathroom anymore, that’s no longer state of the art nowadays, right? And would such ventilation still be compliant with regulations (since it’s always said that shock ventilation is required, not just windows on tilt)? As I said, the screed is currently drying; I don’t think anything will or can be changed on the windows themselves anymore (though I don’t know how complex your suggestion would be). Yes, in the floor plan the switches for the electric roller shutters and also the positions of the downpipes were actually drawn in. But the complete, more detailed working plan came later. But I can see that the matter is not as clear-cut as I thought an hour ago. Even if it seems strange to me that despite a fixed price I should pay for the general contractor’s planning errors...
 

BananaJoe

2021-09-20 15:20:12
  • #2
PS: why my question is now moved from the field of "Baurecht" (I had a question about who bears the costs if the planning/execution does not comply with Baurecht) to the field of "Sanitär" I do not understand, but I take note of it with interest :rolleyes:
 

Oraclefile

2021-09-20 15:23:56
  • #3
Remember that the additional fall protection in the form of a glass pane also needs to be cleaned. You are responsible for that, and for that reason alone, we would not have done it. We also have the window near the bathtub similar to yours, and afterward, we were told we have to make the window lockable. But nothing more than that. Whether we will always lock it, I doubt.
 

Jann St

2021-09-20 15:42:12
  • #4
Hello,

1. Necessity – in my opinion, the expert is right. A lock alone is not sufficient here, as the building regulations require a structural barrier. Thus, it should be possible to mechanically prevent the window from being opened already during installation. A simple "locking" is not enough. However, there can be other solutions besides a parapet.

2. How is your contract structured? Do you have a functional lump-sum contract? A pure "fixed price" generally refers to quantities and qualities. However, you certainly have a "consumer construction contract" according to the Building Code. Here, the general contractor (GU) has a very extensive duty to inform – meaning the GU is obligated to advise you of the consequences regarding planning issues. Possibly, you could approach the GU through this route.

Otherwise, in a lump-sum contract ("fixed price contract" is not further specified here), a changed service still results in additional remuneration. Installing a parapet is a classic changed service and must therefore be remunerated additionally.
Furthermore, you would have had to pay for the parapet even if you had known about it from the start. In this respect, I do believe that you owe the GU remuneration here.

The phrase "to be built according to the currently valid recognized rules of technology or building regulations" does not mean that the GU will not be compensated for anything he does not price in.

What could become contentious is if you would have chosen a solution beforehand that is no longer possible due to the current construction status and you only choose a parapet because of this construction status, which does not actually correspond to your expectations.

Best regards, Jann
 

haydee

2021-09-20 15:43:24
  • #5
How do you secure a children's room? How quickly can a stool, small table, toy box, etc. be pushed in front of it?

At the bathroom window, you do have a windowsill, right? In that case, you would have to secure the entire bathroom window from the outside. Bathtub, windowsill, and suddenly you are over the security.
 

pagoni2020

2021-09-20 16:42:42
  • #6
New standards have been and are continuously being created to ensure maximum safety. However, the biggest and most unpredictable safety risk is the human being itself. All the accidents and mishaps with us have always happened where one least expected them. You will not leave your child alone in the room just because the railing is a few centimeters higher. There are sockets, knives, glass stairs with railings, liquids, ponds, plastic bags!!!, tools... for example, as a child I swallowed a 10-pfennig coin (typical Swabian...), my son possibly took my father's sugar tablet, another one fell off the chair face-first onto the edge of the shovel or cut his hand on the picture frame, boiling water, mom’s nail polish remover, weed killer, and much more. Moving away from building regulations, what I want to say is that your children will not be one bit safer even if you now install a gate or comply with all the building regulation requirements. If accidents happened where and how we expect them, it would be simple. I wouldn’t even use a lockable handle there. I see more the danger that one feels safe because some regulations have been followed; but this is usually not the case, it is deceptive.
 

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