House construction, law

Hello everyone,

since legal protection insurance does not cover construction, I am trying to get information this way before I confront the general contractor like a pushover.

The following situation:

We had our old house demolished and a new one built on the same plot. According to the responsible expert from the city, the old sewage shaft could have been used without any doubt. In the contract, it was stipulated that the sewage would be connected to the existing sewer and a sewage application would be submitted by the general contractor. However, this application was forgotten; the city had not even been aware until last Thursday that the old house was gone. The new house is aligned with the street to be barrier-free in old age. However, the sanitation technician somehow mismeasured, and the new sewage pipes are 23 cm too deep. If it had been measured correctly, it would have been done differently. Thus, the old shaft can no longer be used. If the application had been submitted immediately, the city would have told us before setting the foundation slab that we would need a new shaft for a flush house and that we could use the old one if we had accepted two steps; but we couldn’t make that choice. In addition, during all the planning discussions with the general contractor, we were only told that we would have to cover the costs of a new shaft (€2500) if the old one was no longer usable, which it was.

Now my question: do we have to pay the €2500, or is the dilemma the responsibility of the sanitation technician and the general contractor, and must they be liable?

Best regards

That strongly depends on what you can prove.

However, if the wastewater pipes deviate 23cm from the plan, in my opinion the sanitation guy will not get out of this without damage.

You can offer him to correct the 23cm - or cover the costs for the new shaft if that doesn't cause any further disadvantages for you. I can imagine that he will come to an agreement with his insurance quite quickly or settle the damage himself right away.

Best regards
Dirk Grafe

Hello,

the whole thing sounds a bit unclear to me...

The plumber somehow mismeasured and the new sewage pipes are 23 cm too deep.

23 cm too deep compared to what?

- Plan?
- Floor slab?
- Height of the existing shaft?

As already wrote, a lot in this case will depend on what you can prove, in writing or with witnesses.

since legal expenses insurance does not apply to construction, I am trying to get information this way before I go to the general contractor like a bull in a china shop.

I would first take a deep breath and then seek a calm conversation with the general contractor – rattling the saber right away (legal expenses insurance, lawyer, lawsuit, ...) is probably not so favorable – you can still bring out the big hammer later, if needed.

I would also first keep the mentioned bull in a china shop "in the closet". Mistakes happen where work is done – I don't know any construction project where something didn't go wrong. As already said, first seek a conversation with the involved parties – maybe the whole thing can even be resolved quite easily.

I'm keeping my fingers crossed for you!

Regards,

Dirk

PS: If the sewage application was forgotten – what about the application for the fresh water connection then? :confused: