Craftsman damages front door - How is he liable?

  • Erstellt am 2022-07-14 09:56:36

DASI90

2022-07-14 09:56:36
  • #1
Hello everyone,

the following situation. Our plasterer and his crew damaged our wood-aluminum front door. On the one hand, they scratched the door on the aluminum surface from the outside, and on the other hand, inside, on the side with the wood, the paint was damaged because plaster, mortar, or paint ran over it. I had a quote made by the window manufacturer who also built the door for the repair. However, our architect now says that we have no legal claim to have the door repaired at the plasterer's expense due to the cosmetic defects. After all, the function is still intact. I actually see it differently. Does anyone have experience in such a situation? What kind of claim do we have for repair?

Regards
 

WilderSueden

2022-07-14 10:08:31
  • #2
If I scrape a car in the parking lot and the paint is damaged, the car can still drive and the function is intact. Nevertheless, this is a liability damage. It becomes more difficult if the plasterer does not want to take responsibility, then the builder’s risk insurance would have to pay.
 

ypg

2022-07-14 10:14:54
  • #3
For such things, the craftsman should have liability insurance.
 

DASI90

2022-07-14 10:14:59
  • #4
He had already admitted at that time to cover the damage. That is indeed also a confession. However, it is now being relatively downplayed and minimized. I do believe that I have the right to simply withhold the entire amount. The architect, however, has concerns that in case of doubt I would always look foolish in court, meaning I would not win.
 

Tolentino

2022-07-14 10:18:52
  • #5
Strange architect. Is he the brother-in-law of the plasterer or what? Maybe you have to give him the opportunity to take care of the repair himself (but I'm not sure here if that grants the right to rectification like in the case of a defect). But of course, he has to compensate your damage, either by restoring the door to a visually flawless state (or to the pre-damage condition) or financially.
 

Fuchsbau35

2022-07-14 10:19:02
  • #6
I do not believe that you have the right to withhold the amount for the work done by the plasterer. That would only be possible if this work were not satisfactory. The door has nothing to do with the work performance.
 

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