Different floor tiles from those selected have been laid

Hello,

we have a big problem. We built with a general contractor (GU). Before the start of construction, we selected the tiles and decided on a square slate tile with texture. We took this tile as a sample and selected the kitchen, bathroom, and sanitary facilities accordingly. Now, upon handover of the house, we notice that a different tile was installed (light gray without texture), the kitchen no longer fits, and so on...

I informed the GU and subsequently the tiler came by. He had a document of the sampling with him, on which both tiles were listed but the one we wanted was crossed out as a variant. The signature on it is only his.

We never talked about "variants" but clearly decided on the textured tile. He wanted to fool us and claimed that what was installed was the one that was sampled.

Back then, we only took one sample tile (with texture), which the floor layer gave us to sample the other areas.

The GU somehow does not believe us either...

What can be done in this case, or where can one report such a case...

Thank you for the help...

If you have built with the GU, then they are your sole contractual partner! No matter what the tiler coming to the construction site thinks or says here. The sampling results were clearly received by the GU and accordingly they determined their additional or reduced costs from them and presented them to you for signature. Only what is stated and signed here has thus become part of the contract for the GU service. This must therefore be examined first and foremost, and if it is correct as you described, then it may be a failure of the GU towards their contractual partners, here the tiler. If they failed to pass on the correct tile to them or order it from them, then it is also the GU’s responsibility to fix this now. That would mean removing the unwanted tiles and replacing them with the selected ones. Were you never at the construction site during the construction or laying time, when you could have noticed this immediately?

If you built with the general contractor (GU), then he is your sole contractual partner! No matter what the tile layer coming to the construction site thinks or says here.

The sampling results were obviously received by the GU, who accordingly calculated his additional or reduced costs from them and presented them to you for signature. Only what is stated and signed here has thus become part of the GU service contract. This must be checked primarily, and if it is correct as you described, then it may be a failure on the part of the GU towards their contractual partners, here the tile layer.

If they failed to pass on the correct tile to him or to order it from him, then it is also the GU’s responsibility to fix this now. That would mean removing the unwanted tiles and replacing them with the selected ones.

Were you never on the construction site during the construction or installation time so that you could have noticed this immediately?

Hello Bauline
unfortunately the floors were completely covered with a fleece.
We were never informed about the approval of the floor sampling (for kitchen, bathroom, electrical etc. we were presented with forms to sign).

Regards bep

Hello bep,

If that is the case, then you should refuse to accept this and insist on a contract-compliant execution according to the tiles you ordered, selected, and thus specified.

Because for these tiles now installed, you did not give approval, so it is up to the general contractor if he simply orders and installs these without coordinating with you beforehand. Therefore, insist on reinstallation with the desired floor tiles. You should inform the general contractor of this in writing, by registered mail with return receipt. At the same time, you must set a deadline for the work to be carried out. Then it is up to him to respond.