Minor construction defects - what is the correct legal procedure?

Hello everyone,

after we moved into our single-family house in September 2014, some construction defects appeared. Some cracks, also outside under the roof, a leak in the insulation of a ventilation pipe, a valve of a heating circuit of the underfloor heating was stuck. The site manager did not react at all, so we had to take the path of requesting rectification of a list of construction defects by registered mail. Most things were fixed, but two points are still open, and the (generously granted) deadline has already expired weeks ago. We now have the problem that the floor creaks when walking on it or when switching the underfloor heating on or off. Possibly a consequence of the stuck valve, since one of the four heating circuits in the large room constantly had a different temperature. I hope the screed is not cracked!

So, what happens next? The managing director as well as the site manager have again not responded to any email. Should we set another deadline? How long?

Best regards

An email is the wrong approach. Correct: formal letter by registered mail with a deadline, regarding the complaint about defects. If some points are not addressed, repeat the request in the same form and refer to the first complaint about defects. I would write three in total, but with the note that if necessary, external craftsmen will be commissioned at their expense.

So, how do we proceed now? Both the managing director and the site manager have not responded to any email again. Should we set another deadline? How long?

Good evening,

...talk, call, go there. :)

The procedure continues if the general contractor/site manager "still doesn't want to":

Identify the defect (+ document it well). A defect (if it is one) triggers the rights under § 634 Construction Code (whether the aforementioned VOB/B was agreed upon here is not apparent, so we leave it aside).
Submit a written defect notification + set a reasonable deadline for remedy - by registered mail with proof of delivery (normal registered mail with return receipt is usually also okay but does not help if acceptance is refused, for example).
The deadline is necessary for the right of self-performance under § 637 Construction Code; thus, there must be a delay.

So far, so good....

The annoying part is that—in order to move forward—you usually have to make an advance payment first. In other words: pay upfront.
You do have a claim to reimbursement of the costs for self-performance, but you won’t receive the money immediately.
If the general contractor/site manager does not cooperate, you can sue for subsequent performance (defect remedy) or for reimbursement of self-performance costs. Possibly, the general contractor/site manager will serve a "notice of dispute" to the executing craftsman (the site manager does this if he wants to enable recourse internally).

Whether you win the lawsuit depends on the factual question "defect" yes/no (-> possibly an expert must be involved, for whom you must also advance payment. If you win, the losing party must reimburse the costs). And even if you win, you initially only get a piece of paper = judgment.

The path to the money is thus long—therefore, talking, calling, or going there may be faster and more successful.

I have had different experiences with our garage builder. Four months of unsuccessful complaining via email, phone, and in person brought nothing. I sent the first registered letter as described above on Tuesday, and today the installer was here and even did more than what was complained about.

All the better. Because that's how it should be: The defect is fixed.

All the better. Because that’s how it should be: The defect is fixed.

Right, but the talking beforehand didn’t help at all, and that’s the worst part. Only when it became official did things start moving. Before the letter, I was a bit apprehensive about whether this would actually get things moving and whether someone would react offended, but I guess you have to free yourself from that ;)