Construction defects and keeping the money back!!!

  • Erstellt am 2016-11-21 19:03:15

Camron86

2016-11-21 19:03:15
  • #1
Hello everyone.

I hope I’m posting this in the right place. We moved into our new building in June 2016. Like probably many others, we noticed some defects during the final inspection which we then documented in writing. Since then, not much has happened. Last week we actually received an invoice for the last outstanding payment to our construction company. I called them immediately and asked if they were out of their minds. I told them that as long as the defects are not fixed, they won’t see a cent from me. I also told them that since we moved in, it’s been almost impossible to reach our site manager and if we now released the last payment, even less care would be taken. Now my question is: Am I allowed to withhold the money and should I communicate this to them in writing?

Is there perhaps a sample letter for this?

Thank you very much in advance!!!
Best regards

Dennis
 

Bauexperte

2016-11-21 21:38:25
  • #2
What kind of defects are these? Federal Building Code/VOB contract?

Rhenish greetings from the road
Construction expert
 

ypg

2016-11-21 22:06:00
  • #3
Was the final inspection also in June, that is, before you moved in? I find nearly 6 months to fix defects quite a long time, however – as the construction expert also inquires – one has to differentiate between defects, the question is: are these fundamental defects, signed off by both parties, or do the defects exist only from your perspective?

Apart from that, I find your choice of words, or let's say, the way you reportedly talk to your contracting partner, somewhat questionable. If a customer came to me like that, I would (also) pretend to be deaf and slow, even if I had messed something up.

Regards
 

Bieber0815

2016-11-21 22:36:28
  • #4
The final installment is probably only due once the defects have been remedied. You may withhold double the cost of defect rectification. However, you must put the company in default (i.e., notify them of the defects in writing by registered mail with a delivery receipt, setting a deadline; after the deadline expires, they are in default). Was a deadline for defect rectification set during acceptance? Did you carry out the acceptance under reservation?

Otherwise: What kind of contract? What does the contract say? What is the wording in the acceptance protocol? Has a reminder been issued with a deadline since then?

There are template letters, please google them yourself ... I am not experienced enough to post text blocks here.
http://WWW.baurechtstipps.de/_subseite.php?content=512
 

Camron86

2016-11-22 20:42:12
  • #5
Hello everyone,
thank you first of all for the responses. So we have a VOB contract. We have documented the defects in writing at the acceptance of the construction and both parties have signed. The defects concern many small issues (scratches, tiles, broken roof tiles, railing handrail NIO and when installing they apparently hit an electrical cable, floor access hatch has defects,) the probably most serious construction defect is the following. We have three double-winged terrace doors distributed over 10 meters in the living/kitchen/dining room area, which lead outside to the garden. When looking from outside, you can see that the right and left terrace doors are lower than the middle one (2.5 cm). I had the house built "barrier-free" and want to enter the house and garden without a step. Now I would have to place a "step" in the middle or compensate diagonally to the sides, which would result in a "slanted" terrace.

My construction manager and his boss (owner of the construction company) want to come by on 05.12.16 to look at the defects. Should I still send them a letter and put them in default? According to the invoice, I would have to pay them within 8 days.

I ask for advice!

Thanks, regards Dennis
 

Bauexperte

2016-11-22 21:26:43
  • #6
Good evening Dennis,

apart from our Otus, no one here is allowed to provide legal advice; this is exclusively the responsibility of the consulting professions.


Therefore, only this much, look here:

§ 13VOB/B (4), 1 + 2:

The contractor is obliged to remedy, at his own expense, all defects arising during the limitation period that are attributable to defective performance if the client requests this in writing before the expiry of the period. The claim for remedying the reported defects expires after 2 years, calculated from the receipt of the written request, but not before the expiry of the standard periods according to paragraph 4 or the period agreed in their place. After acceptance of the defect remedy service, a new limitation period of 2 years begins for this service, which also does not end before the expiry of the standard periods according to paragraph 4 or the agreed period in their place.
2. If the contractor does not comply with the request to remedy defects within a reasonable time set by the client, the client may have the defects remedied at the contractor’s expense.

If you cannot manage with this, take (chargeable) construction/legal advice to the appointment!

Rhineland regards
 

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