Exclusion of warranty for exterior plaster

Good morning,

we are currently in the process of building our single-family house and are in the final stages of the expansion.

We now have the following question: under what circumstances can we terminate the contract with the company that is doing the exterior plaster? This company wants us to release them from the warranty because a few days after applying the base coat, the screed will be poured (there are supposed to be discolorations and chipping on the exterior plaster due to the increased moisture diffusion).

Since this demand was not/ is not part of the contract, we see this as a breach of contract on the part of the company. An alternative company is already ready to carry out the remaining work at short notice. We therefore want to get the current company out of the contract as soon as possible, as there are also considerable defects in the execution.

We are currently having this case reviewed by our lawyer. However, I would still like to get several opinions/experiences. According to our lawyer's initial statement, this is definitely a reason to terminate the contract. For a final statement, however, he wants to research other precedent cases in advance...

Has anyone experienced something like this or can give us advice?

Regards

DaMutz

Well, I can understand the company's demand! If you have work done that can cause damage to the exterior plaster, I would, as a company, a) do the work at your own risk or b) have myself released from liability for this case (but only this one - all other warranty issues must of course remain unaffected). Why should the company cover the costs for color changes caused by you? If you are already talking to a lawyer, there must have been several problems already and you are very dissatisfied. Normally, I advise talking to people – but for you, it seems that it is already too late, right?

This company wants us to absolve them of liability because the screed will be poured a few days after the base coat of plaster is applied (this is allegedly supposed to cause color discolorations and flaking on the exterior plaster due to increased moisture diffusion).

Because screed is being applied inside, the plaster on the outside is supposed to flake? The same plaster that is supposed to hold up for many years all year round later? Can anyone explain this?

With us, the plasterer's statement was: first the interior plaster and then after about 8 days the exterior plaster including [WDVS], because supposedly, the moisture from the interior plaster would escape to the outside and in doing so could "push away" the [WDVS] including the exterior plaster; he did not say anything about the screed.