New window lintels on the ground floor are too low.

  • Erstellt am 2016-10-10 12:05:44

Hausbau2k16

2016-10-11 17:20:15
  • #1


Then everything is fine. Since my report was made in writing as a defect report within 24 hours after "measuring myself" and actually detecting the defect, I am on target, and oral reports are now just smoke and mirrors. Out of solidarity, I shouted to the site manager, the windows are g(kl)ei(n)l.

PS: To briefly address negligence. What exactly are you accusing me of in your emotional appeal?
 

Musketier

2016-10-11 17:43:41
  • #2
Honestly, I find it positive how objectively the original poster approaches the matter here and find the question about the total costs for defect remediation quite justified.
If I were in his place, I would also be prepared in case the contractor gives him the choice between fixing the defects or paying sum X. One has to know whether the offer is fair or just a way to fob off with a symbolic amount.

On the subject of defect notification, I just found this on an internet page from a lawyer specializing in construction law:

Legal status 2012
It is disputed and not yet clarified by the Federal Court of Justice whether the client can already demand the removal of defects before acceptance in a construction contract according to the Building Code. According to the wording of the law, the client can only assert defect claims after acceptance. So he actually has to – knowingly – wait until the contractor is finished. If the defect still exists at that point, he can demand remediation. That is not implausible either, because it is always possible that the contractor is simply not yet finished and therefore will remedy the defect or what the client perceives as a defect according to his plan during the course of work until the completion of the entire work.
 

Hausbau2k16

2016-10-11 18:27:05
  • #3
Thank you. To remain objective and above all factual, or at least to try, is honestly difficult. Despite all sobriety, emotions are naturally involved, which, however, are a hindrance to a reasonable solution.
 

ypg

2016-10-11 19:35:53
  • #4




I’m not accusing you of anything at all – even less so emotionally! I’m also a forum member who shows solidarity by (that is, I) wishing you any and every thousand, see my quoted post above!

But: being right is not the same as getting justice! Just because I write in #52 and #55 how things can go in court doesn’t mean I see you as being in the wrong. I advised you not to take it to court. Professionally, I often experience how things can go – even if it’s not necessarily civil law... You can take the advice or not – it’s up to you. But you can also read it very suspiciously again, like with the U and the fake above... whatever...

By the way, I assumed you didn’t submit a defect notification. It’s nowhere stated, unless I overlooked it. You repeatedly write: we informed him, and he dismissed it. I don’t see a written defect notification in that.

I’m out!
 

Payday

2016-10-11 20:05:15
  • #5
The good thing here is that the contractor can NEVER prove that the builder informed the construction company about the wrong parapet height. If the construction company could prove this, the builder would also have the perfect proof that the defect was reported and the construction company would have had to take action. Consequently, the construction company loses this case. Theoretically, one can still assign the builder some degree of "contributory negligence" because they knew about the matter but did not insist on it again and again in an assertive manner. That is probably "construction law," which the executing companies like to "forget" something every now and then. It is unique in Germany. At least I don’t know any other industry like that. If our customers complain about something, someone goes immediately there and takes care of it (classic mechanical engineering). But our customers are also not stupid private individuals but large companies with many great lawyers and co.

At first glance, the pictures don’t look that "bad." Depending on whether kitchen units are going to be placed in front of the window in the kitchen or not, it could be acceptable like that. Utility room and guest toilet really aren’t a big deal, and the living room is, I think, more of an "everything in the living room has to be perfect" attitude. Personally, I consider the kitchen window the most important window if the sink and such are directly in front of it. However, it doesn’t matter whether one or four windows have to be fixed. All trades have to show up again, whether they have to rework one or four windows.
 

Legurit

2016-10-11 20:12:13
  • #6
How tall are you actually?
 

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