Otus11
2018-06-12 09:18:24
- #1
I also find the contract text ambiguous. You write "hereby" (due to the 201cm?) a 15cm step arises.
Why does the step arise because of a certain door height?
QUOTE]
1. The 15 cm step probably refers to the requirements according to DIN 18195, according to which floor-to-ceiling windows as a form of building waterproofing must have this 15 cm step - or in the case of ground-level exits as an exception, a special design with a drainage channel in front of the exit, which compensates for this analogously. The purpose of both is that the waterproofing is set high enough to withstand water impact and water buildup.
What is wrong with the above formulation is the logical connection "hereby"; it would be correct to say "with a step of 15 cm."
2. In the plan, not in the text, there should be a legend indicating the reference point of all dimensions or providing information about it, usually with the bold note thrown in the blue that all "raw construction measurements must be checked on site."
3. I do not necessarily see a planning error here, since it was built as (erroneously) ordered, so target = actual. Only unfortunately, poor workmanship was mistakenly ordered; possibly, the client was not sufficiently informed about this (a disputed factual question). It is different if the error means no congruence with other building regulations can be established; then there is a deviation from the recognized rules of technology that requires clarification.
4. Assuming no planning error was made since it was erroneously ordered / released, there is also no defect, so no liability of the general contractor follows. In the architect contract, which is not present here, the client must attribute planning errors of his architect, whom he employs as his vicarious agent, upon release.
How it works with the general contractor I have not found quickly. The planning is on the other side, which as the general contractor also owes a "single, functioning house" - but only "as ordered" (exception: duty to inform, see above).
In short:
Check whether a remediation is still technically possible at all and if in doubt, spend money on the remediation. One will not be happy with a passage height of 184 cm.