11ant
2021-01-01 14:36:30
- #1
Notes, comments, ideas, suggestions ... all welcome. I just had to "vent". Sometimes you really feel helpless and lost as a builder.
Unfortunately, at the moment I don't see myself able to do much "more" than just "listen" to you. I’m only writing these few words so that you "see" that I’ve read it, in case that "helps" somehow. I saw the post fresh already two days ago, but then I thought: better keep quiet, because what good does it do you if I also comment on it with the question of whether your contractor has a master's degree in vandalism (because I think this clearly goes beyond the scope of just a "poorly talented" craftsmanship – I believe the dance style for this is called "pogo").
We only received a 5% completion bond from the general contractor, which probably wouldn’t be enough for a complete re-execution due to the defect (and according to the contract text, it may only be retained for serious defects after handover). But by referring to this bond, he has already indicated that he will insist on 100% payment from us upon acceptance in any case, as we have this bond from him as security and one could still increase or extend it.
At an acceptance, I would consider this completion bond to be a death certificate. It will depend on the involvement of a relevant, experienced expert helper to effectively establish the defects during an acceptance – yes, unfortunately, probably also a tacit acceptance through moving in. Prepare yourself, as a precaution, to have to sue against the fact that your contractor sees you obliged to full remaining payment. You will therefore need at least an expert, but probably also a specialist lawyer. Here in RLP, Ms. Reibold-Rolinger in Mainz comes to mind, but from Königslutter that would be half a world away. The lawyer of / (in SN) might be closer, but I don’t know them. You will definitely need someone with experience in botched construction work; with a lawyer for marital contracts you probably won’t get through something like this successfully :-(