Craftsman damages front door - How is he liable?

  • Erstellt am 2022-07-14 09:56:36

DASI90

2022-07-14 18:33:12
  • #1
Thank you for the lively participation. So can I summarize it like this:

Yes, he has to ensure that the damage is repaired or cover the repair costs. But I am not allowed to withhold it; instead, he or his insurance must pay directly or reimburse me separately?


Replacement of the aluminum shell on the outside and on-site painting of the affected inside part. So not a complete replacement.
 

aero2016

2022-07-14 21:03:07
  • #2
Of course, you can offset the claims. However, you are not allowed to withhold the entire invoice amount but only the amount of the damage.

§387 Baugesetzbuch
 

driver55

2022-07-14 21:10:34
  • #3
No, he can't. Those are two different processes. But show me the damage. Why is the architect acting so stupid, or is he on the opposing side? :rolleyes:
 

Tolentino

2022-07-14 21:12:12
  • #4
Nope, the claim must be fully valid and without objection. However, the craftsman will have this. That's why I said the OP would need a title, then it would work. Then the processes would also be irrelevant.
 

aero2016

2022-07-14 21:52:16
  • #5
Yes, he can. The craftsman does not deny the claim and is liable for damages. He can also demand remediation from the craftsman – then he could even withhold double the amount.
 

Tolentino

2022-07-14 22:29:18
  • #6
Um, yes. He does not deny having caused the damage, but he does dispute the amount of the damage and thus the claim. The claim is therefore not fully effective. It would only be so with a title.
 

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