Liability/Repair of Damage to Exterior Plaster and Insulation

Hello,

We are building a single-family house with a developer. Yesterday, we noticed two fairly large damages on the exterior facade. However, the site manager denies any responsibility, stating that the damage must have been caused by an external company that carried out civil engineering work for the laying of pipes. We are supposed to ask these companies (Avacon, Telekom, etc.) to repair the damage.

Of course, the damage could just as well have been caused by a company commissioned by the developer, but of course, I can't prove anything.

Nevertheless, the developer is obligated to hand over a defect-free house to us, right? Or am I stuck with the costs of repairing the damage?

But nevertheless, the developer is obliged to hand over a defect-free house to us

"Yes and no." Unfortunately, this is a misconception, based on the fact that general contractors, etc., like to advertise as if it were the case.

It is very complicated. The civil engineer was working on your behalf, so the developer can actually excuse himself if the civil engineer is the cause. The question is, who caused it? You cannot prove who it was, but your developer cannot either, that it wasn’t him. Statement against statement.

How bad is it, anyway? I’m afraid a legal fuss is not worth it.

Check the construction performance insurance conditions to see if they cover that.

The question first arises as to on whose behalf the civil engineering company was working. Additionally, there is the question of whether the facade has already been accepted. I would say that until acceptance, the risk of destruction, damage, or accidental loss lies with the contractor, i.e., the developer.

I see it differently:
Until the acceptance of the building, no risk transfer to the client has occurred. In this respect, the risk lies with the contractor. This could only be different if the damage was caused by a trade acting as an agent of the client. But how should the contractor prove this?

Fortunately, the civil engineering company we commissioned admitted that they caused the damage and thus accepts liability. Although only after being asked, but at least.