Compensation for damage to the facade caused by a neighbor's concrete mixer?

Hello, I need some advice

We had a small single-family house built. Shortly before moving in, the foundation slab was made on the neighboring property. The concrete mixer was already half on our property.
When I asked whether that was necessary, the workers said nothing could happen.
After the workers finished, we saw with horror that about 10 small concrete splashes were smeared on the side of our facade. Then we discovered another stain on the front side of the house, where the mixer stood.
When asked, the construction manager of this construction company said: "They have recorded and photographed the damage." We did the same.
We didn’t know if it was a joke or fact; he said: "It is not a big damage, they just wanted to rub it off with a toothbrush."
Practically without our permission and without our presence, they tried to rub off the stains. When asked, the construction manager said: "Yes, they tried, but it didn’t work."
Now they wanted the original paint from us so they could paint over it.
Reluctantly, we gave out the paint; now weeks have passed and the stains are still visible on close inspection.
Our construction manager also said that the structure of the facade was damaged and that we should demand proper compensation.
What do you think, how should we proceed? We actually don’t want a legal dispute, although we should win it.

How would you behave?

Hello,

first of all, no one here is allowed to give you legal advice, as this is exclusively reserved for the consulting professions in Germany!

We had a small single-family house built. Shortly before moving in, the foundation slab was made on the neighboring property. The concrete mixer was already half on our property. When I asked if that was really necessary, the workers said nothing could happen.

Unfortunately, that was the first mistake, for which you must, in my opinion, bear some responsibility; another’s property should only be used with prior written permission referring to cost assumption in the worst case from the neighbor.

After the workers finished, we saw with horror that about 10 small concrete splatters were smeared on the side of our facade. Then we discovered a stain on the front side of the house where the mixer stood. When asked, the site manager of this construction company said: "They noted and photographed the damage." We did the same.

Please upload the recordings here.

We didn’t know if it was a joke or fact, he said: "It’s not a big damage, they just wanted to rub it off with a toothbrush." Practically without our permission and without our presence, an attempt was made to rub off the spots. When asked, the site manager said: "Yes, they tried, but it didn’t work."

What kind of plaster was applied at your place, mineral plaster, maybe tinted, or synthetic resin plaster?

Now they wanted the original paint from us so they could paint over it. We gave out the paint under reservation, now weeks have passed and the spots are still visible upon close inspection. Our site manager also said that the structure of the facade was destroyed by this and that we should claim substantial damages.

If I make a mistake somewhere while wallpapering, I always keep looking there; but I am usually the only one who notices that mistake weeks or months later. Please upload before/after pictures here.

Regarding your site manager’s statement, I would be cautious in your place => see above, in my opinion you bear some responsibility.

What do you think, how should we proceed, we actually do not want a legal dispute. Although we should win it.

I would also be cautious with this pre-emptive certainty; courts issue judgments and do not award rights to one party. Such disputes often end in a settlement where only two people win: the lawyers of the respective parties, because with a settlement they can bill twice according to BRAGO.

Kind regards

@ConstructionExpert Thank you for the response. Even though I can't quite believe it. Just because I allow someone to enter my property, doesn't mean they are allowed to cause me any damage. We have a mineral plaster. The stains are also noticeable when enlarged In the second picture, the stains have been painted over Hard to believe, but even when plastering the tool shed, they hit our house wall again. Once again, there are numerous small concrete stains on our facade. To get to the tool shed, they have to enter our property because the owners built right on the border. We were not at home and therefore were neither asked nor informed. We were also not informed about the damage. We only discovered it when another neighbor pointed out to us how carelessly the gentlemen had "slapped on" the plaster. Dear experts, how would you behave?