Exterior plaster is uneven, window sills are too short, tightness of the ETICS (External Thermal Insulation Composite System)

What does the construction manager say about the issue?

If it starts like this, the house will certainly need renovation in a few years. I wouldn’t pay the 10% at all before the house is free of defects.

The construction manager says that the house has not yet been handed over and they still have time to fix these defects, if there are any.

For the appointment with him, when we reported and documented the defects, the subcontractor and a representative of the plaster manufacturer Alsecco were actually invited by us, to avoid playing telephone for a long time and to jointly define measures. The latter two were promptly uninvited by the main contractor, as he would initially like to inspect it with us. Nothing productive came out of the appointment itself. The promised protocol has, of course, not been sent so far. They said they would get in touch at the beginning of January and that they still have so many other construction sites and that we should not take ourselves too seriously. With such statements, it wouldn’t take much to get me out of reserve and make my temper snap in a really low-class way. Unfortunately, that only feels good short-term and doesn’t help move things forward.

Because construction contracts today are so consumer-friendly (haha), we had to provide a 10% final payment guarantee at contract signing. Meaning if we don’t pay, the main contractor can use this. In this regard, they really have us at their mercy, depending on how easily the guarantee can be called. We wanted to get rid of it but there was no way around it. The main contractor also had the classic hidden exclusive rights on the property.

I have been through all that. But unfortunately, there are no alternatives (at least I don’t know any). Either you take action that might cost money and carries risks, or you let it be and accept the botched job. With an acceptance, however, you choose the second option and usually have no possibility to correct it afterwards.

We now have 8 weeks left until the scheduled move-in. Still amateurishly, I hope to carry out an acceptance with reservation of the serious defect of the exterior facade. Only then would they demand their money (10% = 37,000 EUR). That is only possible for me if by then they increase the completion guarantee to twice the potential damage amount, so from 18,500 EUR to 74,000 EUR, while at the same time recognizing, admitting the severity of the defect, and committing in writing with a clear plan and deadline to fix it. I want this properly clarified beforehand and not just half-baked, unchecked, and handwritten in the acceptance protocol.

The TÜV expert was also commissioned and paid by the main contractor, but he really never took a position for them, rather the opposite. You don’t need a publicly sworn expert in the first step because one will be appointed by the court later anyway.
Also, there aren’t that many of them, and they have waiting times of up to 3 months. And if you commission a good one yourself, he is “burned” for court appointment, meaning he can’t be appointed anymore. I really looked into it thoroughly.

We have a publicly appointed expert for the painting trade located less than 500 meters from the construction site. Pure coincidence, as they are really rare.

I already spoke to him; he himself mentioned the court “burned” issue. Therefore, he offered to initially create a kind of light report (€400 net), so that we have a somewhat reliable damage quantification on his letterhead for the main contractor. I can hardly just throw numbers out there myself.

Our actual construction supervisor is not qualified enough for this and therefore also offered to bring a master painter friend on board. But better to have the light report from the expert, right?

Is a TÜV/DEKRA "acceptance" part of the main contractor contract?

Not in our contract. However, the main contractor nowadays advertises this for new projects. I will refer to this and ask them to involve TÜV, especially since his own construction manager is useless at this.

Why do you want to get an expert specialized only in painting? Take one without restrictions, otherwise you are doing it twice. It’s a shame my thread was deleted, apparently it didn’t suit someone. I shared my building experiences with our semi-detached house there. Our window sealing was redone 4 times. Now it’s okay. At the moment, the entire drywall construction of 400 sqm is being removed because 1. the vapor barrier was not properly sealed and 2. the substructure was very poorly installed. It really hurts when the containers fill up, but better now than after moving in. One ceiling panel was even fixed with a single screw only, that’s crazy. It would have come down at the latest when painting. You can only ask yourself whether this is professional incompetence or malice. Don’t believe it equates to an acceptance. Our planned move-in date was November 2020.

First, see above. We already have a general construction supervisor. Another one would be too expensive for me. Since a publicly appointed expert for the painting trade lives just around the corner, it makes sense. We just have to somehow credibly quantify the possible damage value, and he seems to be the right contact. The €400 net seems fair for this.

Our battle plan from Monday:

(1) Supplement to the existing defect notification stating that the water stains are growing and freezing. Along with concerns about the consequences for the ETICS (External Thermal Insulation Composite System) (is there possibly water behind it too?).

(2) Demand that the main contractor remove the window sills promptly and at least provisionally ensure proper sealing to prevent deeper and consequential damage to the ETICS. Simultaneously request inspection of the window sealing inside, where it is continuously wet. All under a 14 calendar day deadline.

(3) Demand that the main contractor involve TÜV, since he is advertising that anyway lately and it could bring security to both parties.

(4) Contact a law firm for construction law near the residence/construction site (Köpenick, Königs Wusterhausen). We need clarity on how and whether a move-in under clear defect reservation can be agreed upon. If not, how and in what amount we can claim damages for failure to meet the contractually agreed completion date (end of February). We don’t want to make mistakes; formally, we are still in a good position before acceptance.

(5) Do you have any other ideas?

P.S.: Is it allowed to name the main contractor and/or the construction manager? They apparently like to clean up the internet regarding blogs/forums/reviews. There are always two perspectives, and the builder is quickly accused of defamation or exaggeration. Therefore, I am cautious. But one should indirectly be able to figure out the main contractor from the first post’s location.

Have a nice weekend and thanks again!

P.S.: Is it allowed to mention the name of the general contractor and/or the site manager? They apparently like to clean up the net regarding blogs/forums/reviews. There are always two perspectives, and quickly the builder is accused of bad-mouthing, defamation, or exaggeration. Therefore, I am cautious. But from the location of the general contractor mentioned in the first post, you should be able to figure it out indirectly.

Hello and thanks for your feedback. My comment was not meant to be mean. It’s just annoying when you want to help and get no response back.
You are not allowed to mention the name here. That causes trouble here. I then did it this way: opened another thread with the topic "Who has experience with ......".
It all sounds pretty damn bad. Almost as bad as with us. And our second general contractor was a butcher by profession, no joke.
I am now suing my external site manager because he didn’t recognize the botched work and after the TÜV (technical inspection authority) was there, he simply stopped showing up and stopped responding, although the contract was ongoing. I want his entire fee back and the payments he approved, even though it is proven botched work.

The site manager says that the house has not yet been handed over and they still have time to fix these defects, if there are any.

He is basically right there. That’s just how it is. That’s why a defect report is important.

Because construction contracts today are so consumer-friendly (haha) we had to provide a 10% final payment bond at contract signing. In other words, if we don’t pay, the general contractor can use this. Regarding that, they really have us by the balls, depending on how easily the bond can be drawn. We wanted to get rid of it, but no way around it. The general contractor also had the classic hidden exclusive rights to the property.

I don’t know that at all. Definitely have a lawyer check.

We now have 8 weeks until the planned move-in. Still amateurishly, I hope to conduct an acceptance under reservation of the serious defect of the exterior facade. Only then would they demand their money (10% = 37,000 EUR). That only works for me if by then they would increase the completion bond to double the potential damage value, so from 18,500 EUR to 74,000 EUR, and at the same time acknowledge, admit the severity of the defect, and commit in writing with a clear schedule for remediation including deadlines. I want this properly clarified beforehand and not just in some half-assed, unchecked, handwritten note in the acceptance protocol.

They definitely won’t increase the bond. Do you really mean the completion bond or the warranty bond? The completion bond is voided with handover/move-in, then you no longer have access to it. You would have the right to deduct double the amount for defect repairs from the final invoice or still outstanding invoices, but they have outsmarted you with this weird final payment bond.

Our actual construction supervisor is not qualified enough for this, so he also suggested bringing a painter master friend on board. But better the light expert opinion from a professional expert, right?

If the site manager is already no good, he doesn’t need to drag his friends along either. The specialist consultant at 400 € is okay. A “normal” expert report costs around 2000 €. But the general contractor won’t accept that.

Our battle plan from Monday:
(1) Supplement to the existing defect report to the effect that the water stains are getting larger and freezing. Besides a notice of concerns regarding the consequences for the ETICS (is there possibly water behind it as well)?
(2) Request the general contractor to remove the window sills at short notice and at least provisionally ensure proper sealing, in order to avoid deeper damage/follow-up damage to the ETICS. At the same time, request inspection of the internal window sealing where it is continuously wet. All with a deadline of 14 calendar days.
(3) Request the general contractor to involve TÜV, since he is now advertising this anyway and it could provide security for both parties.
(4) Contact a specialist for construction law near the place of residence/construction site (Köpenick, Königs Wusterhausen). We need clarity on how and whether one can agree on moving in under clear reservation of defects. If not, how and to what extent we can claim damages for failure to meet the contractually agreed completion date (end of February). We do not want to make any mistakes; formally, we are still in a good position before acceptance.
(5) Does anything else come to mind?

Battle plan sounds good.
Regarding 1+2) File the defect report once you have feedback from the painter master. Request a list of all defects from your construction manager. This way, you might be able to hold him liable afterward if he "forgot" any defects. Not just a supplement, but list everything completely. Have you arranged a blower door test? It reveals leaks. Costs around €650 net. I would recommend it.
Regarding 3) Yes, okay. However, here I do see a certain partiality, as there is probably a close cooperation.
Regarding 4) Definitely a lawyer, otherwise it won't work anymore. Question regarding damages: Don't you have a contractual penalty for late completion in the contract? It should actually be 0.2% of the net contract sum for each calendar day and is limited to a maximum of 5%.

Have a nice Sunday.

If the site manager is already useless, he doesn't need to drag along his friends either. The specialist consultant is fine at 400 €. A "normal" expert costs around 2000 €. But the general contractor won't accept that one.

I mean "construction consultant". May I ask how much that costs? Ours wanted 450 € net per week. For that, he came to the construction site once a week, wrote down the defects I showed him, said for each defect I recognized, "Well, that's unfortunate," and drove off again. I had to do all the correspondence myself, whether defect notices, deadline settings, etc. When things got critical, he was unreachable for days and now he is completely gone. For that, I am now suing him and want my money back.

: not provocative, but: how many lawsuits is that currently?

: not provocative, but: which number lawsuit is this currently?

Actually only the 2nd. The 1st was against GU1 and this is the 2nd. With GU2 I'm still trying to manage without one. But what can you do, there are only 2 possibilities: eat or be eaten when it comes down to it and there is no amicable solution. Which is not the same as winning or losing. Unfortunately, in construction lawsuits you can lose even as a winner, namely time, money, and nerves. But I quote: "He who fights can lose, he who does not fight has already lost."