Misplanning / Mis-measurement - What are our options?

Hello dear forum,

During our paving work, we discovered that our construction company misaligned with the eastern property boundary. According to the cadastral office, the boundary stones are set 1m inside my property. Thus, the construction company had to assume the boundary 1m extended. It fits at the back, but the construction company took 1.25m at the front. The problem now is that the house is completely finished, and I had ordered a 6m wide driveway. Now the driveway is 6m wide at one point and 5.75m wide at the front towards the street. So it is twisted.

My carport is also supposed to be 6m wide. This was specifically approved as a 9.00x6.00m [Greunzbebauung]. It would now either be skewed over the 9.00m length or only 5.75m wide.

Do I still have any recourse against my construction company? Claims for damages? Standard reference? Could this slight twisting of the house cause further problems?

Thank you very much for your help.

Kind regards

Who marked out the boundaries? Who commissioned/paid for the staking out? Was there a clause stating that the client must check this staking out?

best regards

No, that passage did not exist. Only my note in the construction meeting minutes, "the boundary is shifted by 1m." The shell builder started it.

It must have happened that the foreman staked it out and the builder didn't double-check, so they saved surveying costs and took a risk, and now it's just how it is. I know that, I've done it the same way; suddenly they assumed the wrong boundary points. I noticed it, and it could still be corrected. If I hadn't noticed, I would also have a slightly crooked house on the land. No big deal, to be a little crooked is dear to God.

Has the house already been measured? At least in Brandenburg, this takes place 2 weeks after the start of construction ("Die Einhaltung der festgelegten Grundfläche und Höhenlage ist der Bauaufsichtsbehörde binnen zwei Wochen nach Baubeginn durch Vorlage einer Einmessungsbescheinigung einer Vermessungsingenieurin oder eines Vermessungsingenieurs nachzuweisen." § 72 Abs. 9 BbgGo)

Did you have that as well? If yes, what does it say?

Best regards

No, it was not measured... Do I now have claims for damages or is it just my bad luck?