Drywall installer causes damage

Hello. The drywall installer was grinding in our bathroom. Unfortunately, it was already almost completely tiled. The sparks burned into the tiles. That doesn't look very good. Now I have had a quote made by the tiler and my tile supplier. It amounts to about €1300. The drywall installer now says that he has a deductible from his insurance (€1000) and everything above that will be settled through an expert, which according to him can take over 2 years. My questions:

1. Actually, I can't accept the house like this, can I? ([Abnahme in 2 Wochen])
2. Can I hold the construction company liable for this? (The drywall installer is a subcontractor)
3. The drywall installer wants to dictate which tiles I am allowed to replace. Is that allowed?

The contracting party is your construction company, not the drywall installer, right? Then they have to deliver without defects, regardless of whether trades are carried out by the construction company or by subcontractors commissioned by them. As it reads, the drywall installer is extortionate and rude. If my above assumption is correct, I wouldn’t talk to him anymore. It’s a waste of time and nerves. And another aspect: have you already accepted the tiling work? If not, you will only do so after the defects have been remedied, and the tile layers and drywall installers can then take care of/dispute the costs.

Good evening,

3. The drywall installer wants to dictate which tiles I am allowed to replace. Is that possible?

Could ... just could ... the offer price of your supplier in the bottom right have been "unbeatably" cheap beforehand?

Rhenish greetings

Sorry but I don't understand that Bauexperte?

me neither :p

Hello,

Sorry but I don’t understand that, construction expert?

That is my gut feeling about your thread; it’s a shame you don’t go into more detail.

You write:

"The drywall installer cut into our bathroom with a grinder. Unfortunately, it was already almost completely tiled."

Even the dumbest craftsman should know this will go wrong. Since you haven’t said anything more about it, I assume he didn’t cover the tiles on the floor and wall, or if he did, it was insufficient. In this respect, an expert you bring in – whom, by the way, you are entitled to appoint – would give him good reason to pause; the guys and girls have a reputation to lose.

It would have been helpful if you had responded to "klblb"’s reply...

1. Actually, I can’t accept the house like this, can I? (Acceptance in 2 weeks)

You cannot refuse to accept the house entirely, but you can very well refuse to accept the defective tile work in the bathroom caused by the drywall installer’s grinding. This should be stated in some form in your contract or its annexes.

2. Can I hold the construction company liable for that? (The drywall installer is a subcontractor)
3. The drywall installer wants to tell me which tiles I am allowed to replace. Is that possible?"

Your contracting partner is – unless you have awarded individual trades separately – always your main contractor, and therefore the addressee for defect rectification claims. Their duration is regulated by your contract or the VOB (German Construction Contract Procedures).

The fact that you even ask whether the drywall installer may treat you the way you describe made me think that your contractor’s offer must have been very tempting. I was also puzzled that you asked your tiler for a quote for repairs. That would have been the responsibility of your contractor or their site manager. He must also deal with the arguments of his subcontractors; not you.

You have purchased a portion of the house according to a contractually recorded standard. Delivering this standard free of defects is the responsibility of your contractor!

Best regards from the Rhineland