Liability question - fire protection correction in a semi-detached house

  • Erstellt am 2023-10-09 09:51:03

LastCookie

2023-10-09 09:51:03
  • #1
Hello everyone,

after a longer period of inactivity (interior construction) I am now coming back with a topic that is currently bothering me.
Our building authority criticized at the shell construction acceptance over a year ago that the ridge beam running the entire length of both semi-detached houses is inadequately protected against fire.
However, the building authority had naturally reviewed and approved the construction documents beforehand.

We received the requirement to provide an appropriate separation there using Promat F90 boards.
At that time, the roof was already covered and the general contractor assured that this would be done afterwards.

Now, more than a year later, he told me that additional costs would be incurred for this. Because our "building authority is too picky" and the architect (they work together often) did nothing wrong anyway.
He also did not want/could not give me a price. The house is almost finished and I suspect he wants to make some extra money from this.
I see the architect as responsible. Who is right?
 

WilderSueden

2023-10-09 09:58:56
  • #2
Are we talking about general contractors or developers? If the former, who planned and who hired the planner (alone, together)?
 

LastCookie

2023-10-09 10:04:25
  • #3


Each semi-detached house concluded a contract for work with the same company. The architect was included overall. We did not have much say in the matter.

I would also like to point out that it was 2020, there were hardly any affordable plots of land in the region or house construction offers.
 

WilderSueden

2023-10-09 11:00:42
  • #4
The property was sold by the builder (=developer) or did you both freely decide to build with this company (=general contractor)?
 

LastCookie

2023-10-09 11:03:53
  • #5
We purchased the land ourselves and subsequently commissioned the contractor
 

11ant

2023-10-09 13:52:16
  • #6



At first glance, this sounds to me overall like a disguised BT and a construction contract including architectural services (and thus rather not an architect contract with corresponding professional liability).

Here I do not understand the sequence of events: the building authority has to impose requirements already in the approval; construction may only begin after approval, so I do not understand the “afterwards” here. The separation (on which side, by the way, the ridge beam* is quasi “common” here?) should have been implemented before the roof covering.
*) Your semi-detached house is somewhat atypical in that the halves meet at the ridge, see


The architect must also observe compliance with fire protection regulations, considering the particularity described above, and thus foresee the requirement linked to the building permit. There are no “additional costs” in terms of the construction contract, as compliance with building regulations and resulting requirements is obviously part of the construction contract even without special mention in the service specification or the like, and thus also part of any fixed price. The general contractor simply miscalculated here. The architect “made a mistake,” but the building authority reacted appropriately by issuing the permit with the requirement instead of refusing it due to non-compliance with fire protection regulations. The architect should have included the separation in the plans, and for the general contractor it was an integral part of the agreed work. Most semi-detached houses have halves adjoining at the gable side; presumably, the general contractor built a transverse twin for the first time here ;-)
 

Similar topics
18.02.2011Architect totally messed up - experiences?17
03.08.2012Contract Supplement to the Construction Contract by the Developer36
23.06.2014Developer charges heavily for replanning - justified?12
27.12.2014Semi-detached house, upscale fittings: Are the additional costs correct?53
27.02.2015Construction project with a developer without an official building plan, is a down payment required?12
10.04.2015Cost estimate architect single-family house. Your assessment44
13.06.2015New construction with developer / construction drawing documents23
11.09.2015Building a garage on the boundary is not possible according to the architect.11
17.05.2016House Building Prices: Architect vs. Developer10
01.11.2016Property developers in NRW. Can anyone recommend good property developers?10
05.09.2017Developer or general contractor! Safety?30
17.10.2017Property developer or independent architect26
10.11.2017House plan by architect 2 floors with basement18
03.06.2018New construction of an approximately 8x11 semi-detached house, assessment of floor plan and windows35
30.08.2019Must developers indicate immense embankment height/costs?12
23.07.2019Semi-detached house feasible for 400k?18
14.11.2019Construction contract additional costs foundation reinforcement?10
04.05.2021Recommendation for terrace partition for a semi-detached house wanted16
22.04.2022New construction of a semi-detached house with a full basement including demolition19

Oben