huge water damage due to leaking underfloor heating

Hello dear forum,

we are currently having our single-family house built by a developer.

Three days ago, I inspected the construction site and was horrified to find that drying devices have been set up throughout the entire ground floor and in all rooms the screed has been drilled (one to two openings per room) and hoses have been laid in for drying.
On all walls (gypsum plaster), from the floor upwards, I found water stains about 15-20 cm high.
Our house has no basement and is built on a slab.
The floor construction is as follows:
slab, waterproofing membrane, insulation (PS rigid foam WLG 035), cement screed - including underfloor heating.
No floor covering has been installed yet.

Our site manager has not informed us of this serious defect until today.
After requesting a statement by email yesterday, I have still received no response.

Our house handover (end of June) and thus the move-in date are therefore obsolete.

My huge request now is: how should I proceed or what should I consider to avoid unpleasant surprises later regarding mold and other consequential damage.

Questions:
Should I stop all payments to the developer immediately (outstanding claims approx. 22,000 euros)?
Can I charge the developer for the electricity (approx. 100 kilowatt-hours/day) for the drying devices - meter readings have been recorded?
We have already terminated our rental apartment and must now try to negotiate an extension with the landlord. If repairing the construction defects takes a very long time, e.g. due to dismantling because otherwise the moisture cannot be removed from the floor, specifically the moisture under the insulation, can I claim the additional rental costs from the developer? The building contract only states that in case of delay 50 euros per day are paid from Monday to Friday and the maximum claim is 5% of the construction sum. Does this also apply to delays caused by legal disputes?

And simply any tips on how we should proceed in this case. We have a small daughter of 13 months and definitely want to avoid any risk that she might have problems due to mold or other construction defects.

Many thanks to all who can give us helpful advice.

Bernd

Well, a stupid thing, but it can happen. You don't need to worry about mold because there are [Bautrockner] inside. And the costs for that should be covered by the insurance of the party responsible. The [Bautrockner] will dry everything out again. What this means for you otherwise, or how much money you can withhold, can and may only be told to you by a lawyer.

Hello Bernd,

...Our site manager has not even informed us about this serious defect to this day.

First of all, the wording "serious defect" is wrong; the house has not yet been handed over, so it is not a defect. What is certainly a mistake on the part of the site manager is not informing you about the measure and the associated "possible" delay in construction progress.

Our house handover (end of June) and thus the move-in date are therefore no longer valid

Not necessarily.

My huge request now, how should I proceed or what do I have to consider in order not to experience nasty surprises later regarding mold and other consequential damages.

Definitely calm down

Should I stop payments to the developer immediately (still open claims approx. 22,000 euros)

For what reason? If the outstanding installment payments relate to properly completed trades, you cannot withhold payments arbitrarily just because the house does not yet meet your expectations elsewhere. What you can certainly consider is reducing the "screed" installment by one percentage point "X"; the law (depending on whether the contract is based on VOB or the Civil Code) or a knowledgeable lawyer in construction law can provide advice on this.

Can I charge the developer for the electricity (approx. 100 kilowatt-hours/day) for the construction dryer – meter readings have been recorded

What does your contract say? I am fairly sure that you will find a clause stating that possible house drying is at your expense?

We have already terminated our rental apartment and now have to try to obtain an extension from the landlord. If the rectification of the construction defects takes a very long time, e.g. due to dismantling because otherwise the moisture cannot be removed from the floor, specifically the moisture under the insulation, can I claim the additional rental costs from the developer? The construction contract only states that in case of delay, 50 euros per day from Monday to Friday are paid and the maximum claim is 5% of the construction sum. Does this also apply in case of delays due to a legal dispute?

How is the construction period contractually agreed upon and how long – until today – has it been exceeded?

Kind regards

Hello construction expert,

a big thank you in advance.
Here are a few additions to the post...

Hello Bernd,


First of all, the term "serious defect" is incorrect; the house has not yet been handed over, so it is not a defect. What certainly is a mistake on the part of the site manager is not informing you about the measure and the associated "possible" delay in construction progress.


Not necessarily.

According to an independent master craftsman and expert, the drying takes at least 4-6 weeks...


Certainly become calmer

I had a conversation yesterday with an expert who said that the residual moisture below the rigid foam insulation cannot be removed by the construction dryer and that mold will develop over time. After this information, it is not so easy for me to remain calm.


On what grounds? If the open installment payments relate to properly completed trades, you cannot arbitrarily withhold payments just because the house does not yet meet your expectations in other respects. What you might consider is reducing the "screed" installment by a certain percentage "X"; the law (depending on whether the contract is based on VOB or the Building Code) or a knowledgeable construction law attorney can provide advice on this.

The contract is regulated according to the Building Code, what rate reduction does the law provide for here?


What does your contract say? I am fairly sure you will find a clause stating that possible house drying is at your expense?

The contract states:
"The construction power and water connection must be available on the property. The consumption costs for the construction power and water used by us are included in the fixed price and will be offset against the 'acceptance' rate in accordance with § 2, No. 4 upon presentation of proof. Consumption costs for heating and warming the house are at the expense of the client."


How is the construction period contractually agreed, and how long has it been exceeded - up to now?

The construction period is limited to 6 months, the site manager gave us his word that construction would be completed after 4 months, which would be in about 14 days.
And yes, I know myself that this statement is not significant since the contract states otherwise.
I have already come to terms with that.

For us, it would simply be important to know how we should proceed.
Simply trusting the developer when they say that there is no residual moisture in the entire floor structure anymore is not very satisfying for us, as we are now, also due to other matters, very skeptical towards the developer.
Should we definitely consult an expert after the drying, or is it generally true that after using a construction dryer, the matter is usually resolved?

Thanks and regards
Bernd

Best regards

Hello Bernd,

According to an independent master craftsman and expert, the drying takes at least 4-6 weeks...

Did he inspect your construction site or just answer a question? There are different types of screed with different drying times...

I had a conversation yesterday with an expert who said that the residual moisture beneath the rigid foam insulation cannot be eliminated by the construction dryer and that mold will develop over time. After this information, it is not so easy for me to stay calm...

Understandable, but again the question: was the expert on your construction site and did he assess the condition of the construction project or did he "only" answer a question from you?

The contract is regulated according to the Building Code; what rate reduction does the law provide here? ...

§ 634 Rights of the client in case of defects
If the work is defective, the client can, if the requirements of the following provisions are met and unless otherwise specified,

	1.	demand subsequent performance under § 635,
	2.	remedy the defect themselves and demand compensation for necessary expenses under § 637,
	3.	withdraw from the contract under §§ 636, 323 and 326 (5) or reduce the remuneration under § 638 and
	4.	demand damages under §§ 636, 280, 281, 283 and 311a or compensation for futile expenses under § 284.

The contract states:
"... consumption costs for heating and warming the house are borne by the client." ...

That’s what I thought.

The construction period is limited to 6 months; the site manager gave us his word that the construction will be finished after 4 months, which would be in about 14 days. And yes, I know that statement doesn’t matter since the contract says otherwise. I have already accepted that...

Wow, back in the day, house construction took a good year; and for good reasons! Nowadays, 6 months (up to the foundation slab) is already very fast – if I think about all trades, drying times, and the small errors that inevitably happen.

For us, it would simply be important to know how to proceed. Simply trusting the developer when he says that there is no residual moisture in the entire floor structure anymore is not very appealing to us, as we are now, among other things, very skeptical towards the developer...

At least for your own peace of mind, commission an external expert to inspect the construction project?

Should we definitely involve an expert after the drying, or is it usually the case that after using a construction dryer, the issue is generally resolved?

No, you should involve an expert at this point in time anyway, even if it “only” turns out that you don’t need to worry. You are – apparently – “a bit unsettled”; that alone should be reason enough for you.

And yes, wherever we used a construction dryer, there were no problems later. BUT that cannot be transferred and cannot be regarded as a blanket statement!

Kind regards