Construction progress: Duplex with WU basement and developed attic

What I still don't understand: how do you want to prove in court what damage you had on the roof if it is new now. Our lawyer told us that an independent expert report counts for nothing in court, a court-appointed expert is required. However, you can wait so long for that and have a construction stoppage during that time that it is not a real option.

What I still don’t understand: how do you want to prove in court what damage you had on the roof if it is new now. Our lawyer told us that a private expert opinion counts for nothing in court, the court has to appoint an expert. However, you can wait so long for that and in the meantime have a construction stop, so that is not really an option.

We have the following things that we think will hold up in court. Whether the judge sees it the same way, of course I do not know. But at least we have done everything for it, since a construction stop was not an option for us either. 1. The roof was covered by a company that demonstrably has not been allowed to do so for 3 years. This was confirmed to me by the relevant trade office/chamber of crafts. 2. There is a contract that states that the underlay membrane must be replaced. So the execution is not contract-compliant. 3. There is a TÜV expert report from 30.11.20, which the general contractor commissioned himself, showing defects on the roof and the roof support. 4. There is another TÜV expert report from 16.06.2021, which I commissioned and which confirms these defects. 5. There is a joint construction status determination with both lawyers in which the defects on the roof were recorded and 6. There is an expert report by a court-approved expert for the roofing trade as well as lots of photos. In addition, another very expensive expert will come next week, who will determine the value created by the second general contractor; although this expert is privately commissioned (costs between 5,000 and 8,000 €), according to my new lawyer, this will be recognized by the court. I am of the opinion that this should be enough. If not, I can’t change it either. More is simply not possible.

I like the list of expert reports.

Also, next week another very expensive expert will come, who will determine the created value of the 2nd general contractor, this will be privately commissioned (costs between €5,000 and €8,000), but according to my new lawyer will be recognized by the court.

But I don't understand that. I have to ask very naively: Isn't the value of the new roof what is stated on the invoice?

Wouldn't it have been enough to take this expert at the request of the court? I would have spontaneous concerns that this is exactly the kind of cost you end up stuck with. According to my layman's understanding, one is obliged to keep the damage caused to a minimum. Unfortunately, a private expert report is not a court expert report. No idea if I have used the appropriate terms here.

I like the list of expert opinions. But I don’t understand this. I have to ask very naively: Isn’t the value of the new roof what is stated on the invoice? Wouldn’t it have been enough to have this expert appointed at the court’s request? I would have immediate concerns that this is exactly the kind of cost you end up stuck with. From my layman’s understanding, you are obliged to keep the damage as low as possible. Unfortunately, a private expert opinion is not a court expert opinion. No idea if I have used the right terms here.

At the court’s request? My almost ex-lawyer (he will soon be dismissed from the mandate) hasn’t managed to file a lawsuit in 6 months. I know all this can go wrong. But the priority here is now the completion of the house.

At the court's request? My almost ex-lawyer (he will soon be dismissed from the mandate) hasn't managed it in 6 months. To file a lawsuit. I know that everything can go wrong. But the priority here is now the completion of the house.

What do you mean by "at the court's request"? Doesn't a lawsuit have to be filed first before the court can request something? I mean, that is the first step, without which a court does not take action. How could the court have already requested €8,000 beforehand? I'm confused.

Would you like to elaborate on that? Often people only threaten with lawyers and courts, but very few dare to follow through. Therefore, I would like to understand how this actually works nowadays.

How do you mean "at the request of the court"? Isn’t a lawsuit supposed to be filed first before the court can request anything? I mean, that is the first step, without which a court does not take action. So how could the court have already requested 8,000€ beforehand? I’m confused.

Would you like to explain that in more detail? Often people only threaten with lawyers and courts, but very few dare to go through with it. Therefore, I would like to understand how this actually works nowadays.

You had previously written: Wouldn’t it have been enough to have this expert appointed at the request of the court? I put the question mark there because I wanted to say that you have to wait forever for this request, since the court first has to take action in this matter. Of course, it only does so after the lawsuit is filed. In our case, however, our great "soon-to-be-ex-lawyer" unfortunately hasn’t done anything in this regard in the past 6 months. So far, there is no lawsuit, and therefore no request from the court. I have an appointment tomorrow with my new lawyer, who has already shown me the necessary steps to hopefully be successful with the following lawsuit. I wrote: "this expert is privately commissioned (costs between 5,000 to 8,000 €), but according to my new lawyer is recognized by the court." I did not write that the court requested this.