Liability for various defects after acceptance of the property

2018-10-16 17:40:39

Contract for work or developer contract?

Was there a formal acceptance declaration along with a protocol?

Was Section 640 III of the Building Code observed, meaning was the acceptance declared only with reservation of rights regarding the reported defects?

Hello Otus, well, I really have no idea about that. We bought a turnkey property from a developer. So I assume it was a corresponding contract. There was no acceptance declaration yet. We had an expert with us who made a list of defects on site, but the developer/seller refused to sign it. We refused to take over the property anyway. The reason for that was the unfinished bathrooms.
So we haven't dealt with Section 640 III yet. But thanks for the hint.

For picture 1, hold a square angle against it... then you should quickly see what is wrong here... I would have said that the front plastering is thicker... but that would be a bit extreme...

In picture 2, the entire opening is a bit tight... the window installer should have been more careful when measuring. Have you measured the opening yourself? What do the plans say about it (how wide)? Or rather, will the door handle hit the wall???

Unfortunately, I did not measure on site. However, I just see that the door in the plans opens outward and not inward :-) Apart from that, there is enough space in the plans. (see attachment) - thanks again for the hint.

2018-10-16 17:50:30

The lintel probably would not have been dented, that is probably gypsum plaster.

Question: did you build the house and now is the final acceptance? Or are you buying an existing "old" house, even if it is only a week "old"?

Sorry, just saw it now. We bought a house and the handover was supposed to take place. The house was newly built and we are the first to move in there.

2018-10-16 18:21:01

1. The slope of the round-arched windows.

If picture 1 is supposed to depict a round-arched window, at least that is not recognizable. Maybe you could show more than just this little corner, preferably the entire window.

3. The terrace door cannot be opened to 90°.

Apart from the fact that the stair ramp to this exit does not look like new construction to me at all: apparently some idiots ordered the patio door with the external frame dimensions identical to the rough opening. I don’t even want to know how much chiseling was involved in installing it. What does the planner do for a living?

about which I am not quite sure whether these
a) can be legally contested (because the seller said so offhandedly that courts nowadays no longer assess such matters)

Even if the judge is a novice – and if necessary even if that applies to the expert as well – I have no doubts that they will recognize defects here. In planning and execution.

2018-10-16 18:27:36

Hi 11ant,

sure, the picture is coming.
The planner is, however this could have happened, an architect by profession.
And thanks for the hint with Richter and co.

*b

2018-10-16 18:45:17

Sure, picture is coming.

Aha, I thought so: flat arch, not round arch. But even that wasn’t recognizable in the detail. Isn’t that also hung "the wrong way round"? The scraping when opening will also be the result of an incorrect order dimension here. This happens often: the window manufacturer gets floor plans and is then supposed to offer the windows accordingly. The little smurfs regularly forget to deduct about 3 cm from the opening size (which by the way only suffices if the shell construction dimensions — in size, plumb, and angle — are exactly met). During installation there's then a chisel massacre that the plasterer has to cover up. By the way, I have now found in your thread history a bathroom 2.10 m high with a 4 m high light well and have to say: that fits the pattern :-( Gaps are nothing for property developers; they are more like quick f***ers. I suspect here also in a closed development?

2018-10-17 10:35:35

Aha, I thought so: pointed arch, not round arch. But even that wasn’t recognizable in the detail. Isn’t it hung “the wrong way round” as well?

The scraping when opening here will also be the result of an incorrect ordering measurement. This happens often: the window manufacturer receives floor plans and is supposed to offer windows accordingly. The little smurfs regularly forget to subtract about 3 cm from the opening dimension (which is only sufficient if the rough construction dimension – in size, plumb and angle – was precisely adhered to). During installation, there’s then a chisel massacre that the plasterer has to cover up.

By the way, I have now found in your thread history a 2.10 m high bathroom with a 4 m high light well and I have to say: that fits the picture :-(

Gaps are not for developers; they are more like quick f***ers. I suspect here, too, it is in closed development?

Hi,

sorry, pointed arch – I’m not very familiar with the technical terms. It is hung the right way round – there is another window next to it and they open against each other. However, there are windows on the upper floor that are not hung the right way round. But that was clear, because the windows were already manufactured before we changed the floor plan again, and that’s okay for us for now. We might change that sometime.

Well, the scraping when opening is just crap. I’m curious how they will fix that.

The bathroom with the low ceiling and the light well is okay so far. It is indeed a rather exotic architecture, but we have utilized it quite well and it will look really cool in the end.

And yes, it is closed development. Although the surrounding building plots were also planned by the same developer.

Thanks anyway for the hints!

Regards, b

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Liability for various defects after acceptance of the property

bene1981

bene1981

11ant

bene1981

11ant

bene1981