Missing sealing in bathrooms detected after 16 years.

2019-04-12 15:43:07

Renovations are being done in the basement because we had water damage - but this has nothing to do with the missing waterproofing. The finding that there was no proper waterproofing of the shower was made almost incidentally by the new construction company. The basement has already been dried for a long time and is now ready for new tiles. The suspicion that our original tiler also botched the upper floor is likely, but will soon be checked by us through the demolition of at least one shower. Then we will have to take further measures.

Thank you all!

2019-04-12 19:17:36

With that, you have already given yourself the answer. Unfortunately, you will have to pay out of your own pocket, as there is no one else left whom you could hold accountable.

That is not correct. I am aware of a similar case... I will simply quote because I do not know if I am allowed to post links.

If the work of a subcontractor is defective and this causes damage to the property of the client, with whom the subcontractor does not have a construction contract, the subcontractor is obliged to compensate for this damage.

The subcontractor is not commissioned by the client, but by a contractor who in turn has a contract with the client. In most cases, this is the general contractor. Therefore, only his contractual partner, the general contractor, can assert claims for defects in the subcontractor’s work against him. The latter, in turn, is also liable to his client, the client, for the defects of the subcontractor’s work.

The Higher Regional Court Koblenz had to decide a case in which the defective work of a subcontractor – in this case a roofer – had caused moisture damage in the upper and ground floors of the client’s building. Since the general contractor had become insolvent, the client sued the subcontractor for damages and was successful.

The OLG Koblenz affirmed the subcontractor’s liability for the damages incurred even in cases where the defect was based on incorrect planning by the general contractor.

The OLG Koblenz ruled that the subcontractor is liable for property damage caused by moisture to the client’s building under tort law according to § 823 of the Civil Code and must compensate the damage. This is not contradicted by the fact that there is no contract between the client and the subcontractor, but only between client and general contractor on the one hand and general contractor and subcontractor on the other. Tort liability under § 823 of the Civil Code exists precisely when there is no contract between the injurer and the injured party.

2019-04-13 21:42:11

Regarding what you can or must do.

Quick and dirty: Renew the silicone joints at visible detachment like last time. A not small part of the German showers no longer have.

Or have the shower tray reset with sealing tape. You only have to remake the shower, not the whole bathroom.

2019-04-13 23:08:41

That is not correct. I am aware of a similar case... I am just quoting because I don’t know if I am allowed to post links.

But not after 16 years?!

2019-04-14 12:24:04

Regarding what you can or must do.

Quick and dirty: Like last time, renew the silicone joints where visible detachment occurs. A not small part of German showers no longer have this.

Or have the shower tray reset with sealing tape. You only have to redo the shower, not the entire bathroom

Thanks to everyone for the tips and advice. We will now first take care of the basement – the construction site is big enough – and then have the upper floor carefully checked, with as little effort as possible. There is currently no need for action, at least nothing urgent, as everything has been watertight for several years. But we will keep an eye on it.

2019-04-14 20:21:52

Sounds similar to the issue where someone here wanted to complain about their toilet hanging too low after five years of use at the expense of the GU :D

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Missing sealing in bathrooms detected after 16 years.

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