This morning was the settlement hearing, which fortunately did not end in a main hearing... as of today.
We had already agreed on various points before the start of the hearing, under which we would lift the preliminary injunction and agree to underpinning.
For example, this included that a new geological report be prepared, which addresses the underpinning. This has not been done to date. The structural engineer had calculated the static load for the underpinning without a soil report - which was more than negligent - the judge shared this opinion as well. It is also being examined whether the underpinning according to DIN or possibly another procedure (such as the injection method) carries the least risk of settlement.
The most important point for us: we now determine the company that underpins our house, as there is no longer any trust in the other party to carry out the work flawlessly. If done according to DIN, our general contractor might possibly do it – if he is of course willing to. That still needs to be discussed. Furthermore, a record of evidence will be prepared by an expert before and after, documenting the current condition of our house in case cracks appear.
All costs, including those of the entire procedure, must be borne by the neighbor.
Some issues still need to be clarified before the out-of-court settlement becomes effective. Until then, it is “only” mutual lip service. Otherwise, it will go to the main proceedings, which we all want to avoid, as the neighbor will never win that and it will cost us more time.
