ypg
2017-01-26 14:18:36
- #1
Google "construction of optical defect"
(even if it does not exist)
Several court rulings come up, e.g.:
Under certain circumstances, builders can also refuse acceptance or assert claims against the construction tradesman in the case of purely optical defects. A construction defect usually means that "the usability of the building for the usual or contractually intended purpose is impaired or that the building does not correspond to what the contracting parties have agreed upon." However, the prerequisite for optical defects is that they are not merely minor defects. Here are three interesting court rulings on the subject.
The green discolored facade:
A homeowners' association commissioned a facade renovation with thermal insulation. The facade was white, but after only two years dark, greenish discolorations appeared. These were mold and algae. The homeowners' association wanted to assert warranty rights. The contractor defended himself with the argument that a facade can discolor due to environmental influences and needs to be cleaned occasionally.
The Higher Regional Court of Frankfurt am Main confirmed that there was a defect here. Although every facade gradually discolors due to weather exposure – it does not do so after only two years. According to an expert, the also light-colored facades of the neighboring houses had not discolored in this way. The materials used were flawless in themselves. According to the expert, a remedy was possible by widening zinc sheet coverings, which could prevent rainwater from constantly running down the facade. The court considered the work performance to be defective. This was the case because the building showed an unsightly external appearance after a short time and, in addition, required an unusual cleaning effort every two years.
[I]Higher Regional Court Frankfurt am Main, decision of July 7, 2010, file no. 7 U 76/09[/I]
(even if it does not exist)
Several court rulings come up, e.g.:
Under certain circumstances, builders can also refuse acceptance or assert claims against the construction tradesman in the case of purely optical defects. A construction defect usually means that "the usability of the building for the usual or contractually intended purpose is impaired or that the building does not correspond to what the contracting parties have agreed upon." However, the prerequisite for optical defects is that they are not merely minor defects. Here are three interesting court rulings on the subject.
The green discolored facade:
A homeowners' association commissioned a facade renovation with thermal insulation. The facade was white, but after only two years dark, greenish discolorations appeared. These were mold and algae. The homeowners' association wanted to assert warranty rights. The contractor defended himself with the argument that a facade can discolor due to environmental influences and needs to be cleaned occasionally.
The Higher Regional Court of Frankfurt am Main confirmed that there was a defect here. Although every facade gradually discolors due to weather exposure – it does not do so after only two years. According to an expert, the also light-colored facades of the neighboring houses had not discolored in this way. The materials used were flawless in themselves. According to the expert, a remedy was possible by widening zinc sheet coverings, which could prevent rainwater from constantly running down the facade. The court considered the work performance to be defective. This was the case because the building showed an unsightly external appearance after a short time and, in addition, required an unusual cleaning effort every two years.
[I]Higher Regional Court Frankfurt am Main, decision of July 7, 2010, file no. 7 U 76/09[/I]