Deviations Sampling Protocol

Hello,

unfortunately, we still have a problem with our house manufacturer after the building handover. No door leaf was installed in the living room because we wanted to purchase a glass door ourselves. When the frame was measured by the installer, it turned out that it was not a standard frame as described in the sampling protocol, but a custom-sized frame. The installed frame is about 2cm higher than the standard. When I addressed this with our site manager, he said this was a normal tolerance. After repeated inquiries, because I could not believe that such deviations occur with industrially manufactured frames and that they only happen with this one frame while all others conform to the dimensions, he stated that a custom-sized frame had been specially ordered. However, he could no longer tell me the reason. The door opening was probably a little too large, and why it was not extended, he no longer knows. Unfortunately, the custom size costs about €600 more for the glass door than the standard, and I do not really see why I should pay this when something different is stated in the sampling protocol. My offer that the manufacturer should pay the additional cost once, and I would still bear the risk should a replacement be necessary in the future, was rejected on the grounds that they had fully fulfilled their obligations. Unfortunately, the atmosphere is very strained due to many problems during the construction phase.

Does anyone know what the legal situation is here? I would be very grateful for help!

Best regards
Lukas

Do you still have a claim? It is a hidden defect and the contractor is obliged to remedy it at his own expense even after acceptance.

No, unfortunately not, since we thought everything was completed... I also see it as a defect, but the site manager unfortunately does not. Do you know of any standard or anything else that I could send him?

I assume that your site manager works for the construction company/the general contractor. Then it is not decisive what the site manager thinks or says. You also don’t ask the frogs if you think the meadow is too wet. I would report it as a defect in writing to the general contractor and request rectification. (I would keep the first letter clear, but very friendly). If they do not respond, you can then demand rectification in a more formal second letter and set a deadline. This is then written in a formal-sober tone, but also not unfriendly.

Sorry for the late reply, I was on the move. Thank you, I will do it that way, I hope it brings more than the defect report to the site manager...