Chimney builder says professional, chimney sweep not professional

Hello,

we recently had a stove with an external chimney installed by a well-known local chimney builder. This was inspected by the chimney sweep a week ago, but with defects. However, as a layman, I cannot assess how serious they are, but I expect the worst.

Chimney sweep:
Execution is faulty because the pipe only runs one-handed in the masonry without insulation, which leads to a thermal bridge (condensation) in the masonry. The removal of the sealing of the wall rosette is part of the acceptance since the work cannot be checked otherwise.

Chimney builder:
After another inspection, no defect was found, but the properly and weatherproof mounted wall rosette was cut out by a third party, which means that due to this on-site dismantling/modification at the transition chimney system-building, any possible legal warranty claim may have been forfeited.

Well, I think the chimney sweep as an "expert" is probably right, but how do we get our rights now? The defects should of course be fixed, and we still have a remaining payment, which according to the chimney builder should be paid in 2 days.

Where can I turn? The Chamber of Crafts said they are not responsible.

Thanks for your tips

I know that many will say now, you have to sue. We had a similar case with our boiler, the gas and water man said everything was fine, the chimney sweep said there were defects. We then invited both of them to our place and they exchanged views and a good solution was found for everyone.

I would also call both together and urge the chimney builder to comply with the requirements of the chimney sweep. Because if he refuses the acceptance, you won’t get the operating permit. The chimney builder is obligated to deliver a defect-free trade. If he now insists on payment, then go to a construction law lawyer. He should tell you exactly how to make the payment "under reservation." Don’t threaten with a lawyer right away, and if at all, let him work in the background for you... he can still bring out his letterhead if the other actions prove unsuccessful.