Construction Performance Description Formulation

Hello everyone,

after I introduced myself, I have a question for you.

We have been in contact with a developer for some time. A few basic facts about the project: 500 sqm plot, 145 sqm 1.5-story solidly built single-family house with a basement.

After initial clarification of our house requirements with the developer’s architect, we received a construction performance specification (Bauleistungsbeschreibung). Since I lack the expertise to assess the content, I commissioned a construction expert to professionally review the construction performance specification. I discussed the expert’s statement yesterday with the developer’s architect. At my request, the construction performance specification was clarified in several places. However, some changes were rejected by the developer.

At the very end of the construction performance specification, there is a section titled "General Notes." This section contains some "escapement formulations" that release the developer from warranty obligations. I quote:

"No warranty is assumed for construction-related detachment of permanently elastic joints in the tile area. The movement process, which ends after about two years, is an unavoidable consequence of the installed thermal and impact sound insulation.

In addition, the company Kempf assumes no warranty for minor cracks in the transition area between drywall and solid components."

The construction expert commented as follows:

"Please have the passage concerning the detachment of permanently elastic joints due to construction reasons deleted. When using high-quality building materials and careful execution of the work according to recognized rules of technology, such a formulation is not necessary. As described earlier, the joint detachment is caused by improper installation behavior of the screed [note: here he refers to too high residual moisture in the screed = not ready for covering] and consequently the "blistering" of the screed covering.

I would also address the warranty for minor cracks in the transition area between drywall and solid components. With proper execution of the work, it is possible to make these transitions crack-free. It is, among others, the responsibility of the site management to monitor the work accordingly and, if necessary, to influence the executing companies."

The developer’s architect said that the expert was spreading false information here. The joint detachments are caused by the movement process, which ends after about two years and is an unavoidable consequence of the installed thermal and impact sound insulation. The minor cracks in the transition area between drywall and solid components are a result of the settling process as well as the different thermal expansion behavior (roof / masonry), which can become noticeable during very hot summers or very cold winters.

Finally, my question: Who is right – the construction expert or the developer (or both)? Would you accept these two clauses as a buyer or have them deleted?

Thank you for your assessment.

Regards kroetenmann

With correct execution of the work, it is possible to create these transitions crack-free.

But the expert is really stretching things there. With a botched strip, you can visually make the transition between solid and drywall appear crack-free, but this is neither an accepted engineering standard nor everyone's preference. I have not seen a new building without shrinkage cracks at the joints between drywall/solid or the floor/base tiles. On the advice of our expert and the professional liability insurer, we had the joint between the floor and base tiles done only after about a year, so the floor structure could settle properly. You will hardly get any professional liability insurance coverage for drying or settlement cracks, or due to different material expansions.

We have been in contact with a developer for some time. Brief basic data about the project: 500 sqm large plot, 145 sqm large 1.5-story, solidly built single-family house with a basement.

Are you sure that it is about a builderträger – meaning a seller of a bundle of land and house? – I wonder why you are then interested in the construction service description regarding the warranty of his contractor.

Groutings in the area of the tiles

Do tiles really appear there with Eszett in the construction service description?

Baseboard to tiles: whether this is an expansion joint or not is debated in courts. If your court believes it is, then it is allowed to crack, and you have to redo it. And they always crack. Either grout after a year, or redo after two years. Exactly the same for drywall on the upper floor to the wall, that also always cracks.

A general contractor, with whom we had a consultation back then, was boasting loudly, "There are no settlement cracks with us! If the house is built properly, that definitely doesn't happen!"

Now the place is insolvent...

However, the consultant also greeted us with the words "[FIRMA] builds the best houses! Our customers move out instead of moving in!"

The consultant also greeted us with the words "[FIRMA] builds the best houses! Our customers move out instead of moving in!"

The sentence is gold DD