Drainage was built and then made unusable

Our earthworker built a drainage system around the single-family house. He received this contract directly from us. The same earthworker was contracted by the construction company to fill the workspaces above the drainage with suitable material.

Of course, the construction company is liable to us for the filling. Would I have the right to declare the drainage defective towards them and refuse acceptance of it because the earthworker immediately rendered it unusable again? Possibly, what is the situation if the construction company no longer exists? We are building according to [VOB]...:confused:

Hello,

Of course, the construction company is liable to us for the backfilling. Would I have the right to declare the drainage defective towards them and refuse acceptance because the earthworks contractor immediately made it unusable again?

No, you have a contractual relationship for the construction of the drainage with the earthworks contractor and not with your construction company!

What does "because the earthworks contractor immediately made it unusable again" mean?

Possibly, what is the situation if the construction company no longer exists? We are building according to VOB... :confused:

It remains the case that the earthworks contractor is your contact regarding the drainage ;)

Kind regards

Hello construction expert,

thank you very much for the response. I probably did not express myself clearly enough. The right to refuse acceptance of the drainage trade towards the earthworks contractor?

Filling contract relationship house construction company - earthworks contractor

Drainage construction client - earthworks contractor

Thank you!