Building acceptance of new construction despite missing heat pump. Significant defects?

2022-09-19 11:16:13

What is your opinion on this?

I find it conclusive. The topic of WP and costs for the electric heating should be documented in writing. Everything else can actually no longer be put into writing, but feel free to draft a letter yourself. In essence, "I am happy to summarize our conversation as follows..."

2022-09-19 11:18:57

What is your opinion on this?

I find it fair and reasonable. As far as I understand, you don’t suffer any disadvantage either. I would definitely withhold the last 5% until everything is in order. I would also absolutely summarize the conversation and send it again, as this makes it harder for the BT to deny the telephone agreements later.

2022-09-19 13:40:44

I would not yet accuse cunningness here. [...] The big question remains, what does he offer as an alternative?

Although the developer has formally made a written notification to the OP, it is no better in quality than an oral one, essentially something like: "Listen, I’m coming to the appointment with more or less empty hands, but please still have the money with you as agreed." That is called cunningness, insofar and because it hardly escaped him that he had not specified the "provisional solution" in terms of quality and duration, yet still relies on the OP’s unmitigated kindness.

because the supplier - the company Vaillant - currently cannot give an appointment and also does not provide any information.

That they do not occupy themselves with daily tweeting their oracle about when things will finally progress further as part of resolving the delays is indeed a completely credible statement. When a ship is blocking a channel that is of global economic significance, chips don’t arrive on time. You can’t make that many extra shifts so that production would have fully caught up a few weeks after the blockage is removed. Whether water pumps require Ukrainian wheat, I don’t know. Speculating in real time about when everything will be "normal" again would certainly not be productive. However, what is important for you: the promise to cover the extra costs must have the same (possibly then not limited) duration as the waiting time still to be endured. Insisting that this be put in writing is absolutely appropriate.

2022-09-19 15:45:47

So once again, thanks to all participants at this point. This forum is a blessing and the exchange with you has helped me a lot.

I have decided on the following approach. I will write an email with the discussed contents and will carry out the acceptance with the help of a building expert. If I explain the situation to the expert in advance, he will give me his opinion on it. During the acceptance, he will look at the temporary measures on site and then tell me whether I can accept it as is or whether there is a significant defect or not. If he considers the temporary measure acceptable for occupancy readiness, I will – as discussed – document the missing heat pump as a defect in the report and further state that the developer will fully cover the heating costs until the delivery of the heat pump.

Regarding the payment: the contract states that occupancy readiness must be achieved by 30.09.2022 and the construction project including the outdoor facilities must be fully completed by 30.11.2022. The 5% security payment agreed upon in the contract will be withheld until completion. Until then, the developer can still carry out all work within the deadline.

Is that okay?
Best regards

2022-09-28 16:41:49

Hello dear all,

I have an update for you and would again appreciate your opinion/feedback. Today we carried out the acceptance accompanied by an expert. We documented 60 various defects in the acceptance protocol. Among other things, the heat pump - which was clear beforehand - was not present. The promised provisional solution in the form of electric heating and instantaneous water heater was on site (the devices themselves), but not connected. It was only said that the responsible electrician had suddenly become ill and that this work would be completed shortly. So, at the acceptance, we could not check whether we have electricity, hot water, and heating. Therefore, we also could not, for example, test the electric shutters, the underfloor heating, etc. After consulting with my expert, we concluded that the property is not ready for occupancy. We informed the developer of this and further told him that due to the many defects and the inability to check hot water, electricity, and heating, we refuse acceptance. He is of the opinion that the house is ready for occupancy. He then said that the acceptance is therefore finished and that he must proceed to the next acceptance appointment (there are three terraced houses). We did not sign anything.

What do you think?

2022-09-28 17:22:53

Hello dear all,

I have an update for you and would again appreciate your opinion/feedback. Today we conducted the acceptance inspection accompanied by an expert. We documented 60 various defects in the acceptance report. Among other things, the heat pump – which was clear from the outset – was not present. The promised provisional solution in the form of electric heating and a water heater was indeed on site (i.e. the devices), but not connected. It was only said that the responsible electrician had become ill on short notice and that the work would be completed promptly. So we could not check during the acceptance whether we have electricity, hot water, and heating. For example, we also could not test the electric blinds, the underfloor heating, etc. After consulting with my expert, we came to the conclusion that the property is not ready for occupancy. We informed the developer of this and also told him that due to the many defects and the lack of possibility to check hot water, electricity, and heating, we reject the acceptance. He believes that the house is ready for occupancy. He then said that this ends the acceptance and that he has to proceed to the next acceptance appointment (there are three terraced houses). We have not signed anything.

What do you think about this?

Did the developer countersign the report? I think you should formally hand it over with a deadline. Then it’s his turn again. You can do this politely but firmly and stay in contact. But 60 defects does sound like a lot.

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Building acceptance of new construction despite missing heat pump. Significant defects?

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