Compensation for damages caused by the installer

Hello everyone,

I have already described a problem with my installer here:



After an expert report, he has now admitted that he has to fix the damage and replaced the pipe today. Now I hope everything is sealed.

However, I have 2 questions for you:

1. In order to replace the pipe, he had to break tiles on the floor. I think he also has to cover the costs for the new tiles so that everything is as it was before, right?

2. My wall / part of the ceiling is now damp from the 3 months during which the water leaked (wastewater, feces..) and also needs to be whitewashed. How do I deal with this? I would like him to pay me compensation for this and I will paint it myself (once the masonry is dry). Do I have a claim to this??

Thank you very much for your answers!!

I’m telling you! An independent craftsman should have liability insurance that covers all consequential costs of a defect. This includes the consequences of water damage as well as the replacement of damaged tiles. Tiles! :)

Abstract, without knowing the individual case:

Regarding 1.
Yes. Property. Includes supplementary performance for defects and consequential damages also follow-up measures. This results indirectly from the warranty law of the construction contract law, § 634 Building Code.

Regarding 2.
Yes, see above, §§ 634, 637.
However, if you do the work yourself and, for example, a cost estimate already exists, e.g. by an expert for an insurance, then the value-added tax is deducted because it does not apply in the case of self-performance, § 249 II, sentence 2 Building Code.

How do I deal with this?

You notify him of all (!) damages incurred by you and demand that he pay compensation (with a deadline). If the relationship is not completely broken, call him in parallel; perhaps he will carry out part of the work himself. If he is rather unresponsive, hand the matter over to a lawyer.