Bubble wrap on the floor is missing

  • Erstellt am 2011-06-05 17:19:18

Kurt1985

2014-03-13 09:45:18
  • #1
I think so too, the bubble wrap has nothing to do with the outdoor facility. The construction company must be liable for this under the warranty. I would risk it.
 

Bauexperte

2014-03-13 10:43:13
  • #2
Hello,

although the thread is already some time ago, I am answering on behalf of users who may be in a similar situation.


What others say must be irrelevant to the OP, because probably having the right and getting the right are two different things!

The OP is burdened with proof, since he either moved into the house 5 years ago or accepted it before. This means he must commission an expert with a focus on masonry and sealing to inspect the property and await the results. Before that, however, he should first look at his contract to see what it says about sealing.

He then provides the expert's report to the provider and demands—if it is positive for him—the immediate remedy of the defect. However, he must expect that the provider will not simply accept this and may send out their own expert. If the latter comes to an opposing conclusion—possibly also based on the formerly concluded contract and its contents—a deadlock arises. Resolving this then requires a lawyer specializing in construction law; if this also does not lead to a solution—always assuming the OP is in the right—the only option left is to go to court. As a rule, a court-appointed expert is then commissioned to inspect the property and based on their report, the court issues a judgment or—what happens quite often—proposes a settlement.

A settlement also means that the OP will have to bear his own expert costs; procedural costs and costs of the court-appointed expert are shared, and he will be billed twice by his lawyer. In any case, the effort must always be weighed against the possible outcome, and one must remember that the OP receives a court judgment, not necessarily justice.

Rhenish regards
 

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