Interior plaster is peeling off after a cold winter

  • Erstellt am 2012-03-06 07:08:14

maccus

2012-03-06 07:08:14
  • #1
Hello,

I had the interior plaster applied in January. After the long cold temperatures in February, the plaster on my concreted knee wall in the upper floor is now coming off. It is a two-layer lime plaster, partly it is only the upper skimmed layer, partly everything is crumbly down to the concrete beam.
Who is legally responsible for the damage now, the plasterer or me? The plasterer said that at this weather we can still apply lime plaster... I have not spoken to him yet but will do so this week.

Thanks and regards
maccus
 

Thomas463

2012-05-15 18:49:38
  • #2
Hello, one thing upfront: Due to a lack of qualification in the legal field, we cannot provide legal advice here.

But as I assess the situation: an executing specialist company has a duty to check and warn. If he cannot prove that he made you aware that he could not properly process it at the temperatures at that time, in my opinion the warranty should apply here if it cannot be proven that the damage was caused by incorrect behavior of the user/client.

But primarily, I would advise the following in case of construction damage:
1. Document => When did it first occur? What size and what type of damage could it be? And definitely take photos for later.

2. Contact the contracting party directly => Who is your contracting party? If the person who applied the plaster is a subcontractor and not your contracting party, then report the damage directly to the contracting party and not to the plasterer. If you hired him directly, then contact the executing company.

3. If possible, report the damage in writing so that you have proof later if there should be complications.

Since your question is already somewhat older: Has anything developed in this matter?

Best regards, Thomas
 

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