Landscaping company - defects, high bill, no warranty?!

5000€ gross agreed upon. It was said we still have 5000€ and no more is possible. Then he called 2 days later and said yes, 5000€ is enough.

Of course, a retention for defects is possible, and I would definitely enforce that, even more than 10%. Depending on how severe the defects are. The warranty does not have to be confirmed by him, it is regulated by law. Only: You will probably never be able to enforce a warranty claim against the craftsman. Furthermore, during the warranty period, the principle applies that YOU have to prove that the craftsman is responsible for the defects. Therefore, do not even start the warranty at all, under any circumstances! This means you may not accept the service, not even tacitly by putting it to use. To ensure this, you must notify him of the defects in writing and make it clear that you do not accept the service as is. Due to the defects, you withhold something between 10% and 50%, and that’s the letter.

By the way: The argument that the client basically "wanted the defects that way" rarely holds. The craftsman is legally obliged to work according to the recognized rules of technology. If you require him to carry out the work differently, he must formulate a reservation and inform you of the risks of the incorrect execution. This must be documented in writing.

Yes, but €5000 net

He is a private person, so there is no net.

See #8. Complain about the defects in writing ([Einwurfeinschreiben]). Withhold an appropriate amount. Pay under reservation.

Hello benkler

that is often the case. Many call themselves landscapers. Not quite so many can actually do it.
Just go over your property with a camera, notebook, and pencil and meticulously note what you consider to be wrong. You request these defects from him in writing with a deadline for correction.
This usually helps to remind him of the agreement after all.

Steven

How did it turn out now?

Since you have nothing in hand, he can also talk his way out: 5000 was the cost estimate and an overrun of 10-20% in the final invoice amount seems legally justifiable. He already contrived that cleverly.

You now have to get him on the warranty as described above, partial payment is sufficient for now. He also has nothing in hand as you wanted and as he wanted. It's stupid that it's at the financial limit where the effort for the dispute hardly pays off. And he knows that very well, the trick probably works in 5 / 10 cases, "people will just pay..."