Hello Andreas,
I have also had to learn by now that construction law is often completely absurd, but in my opinion the general contractor/site manager is responsible for checking the measurements. Can the general contractor seriously find a way to shift the responsibility onto a LAYPERSON?
I just read in #post 57! that the original poster has informed his general contractor in writing about the issue. And also that the general contractor refers the blame to his site manager; so at this point that risk does not exist.
It looks completely different if the case goes to court; given the amount involved, a regional court. These courts are completely overloaded, so that months can pass between hearing dates. If it is heard before a training court it gets even worse, because the likelihood is high that the presiding judge changes with each hearing day. Mountains of files grow—I would doubt that there is time to read all the correspondence—and the scheduler announces the next court hearing. Very often a settlement is worked towards to somewhat counter this pressure. I would not be particularly surprised if the point is brought up again that the original poster—although he complained in writing once—silently observed the further work.
Furthermore, it is so—at least based on my experience—that it always depends on the attitude of the presiding judge. If there is not currently a supreme court decision as a reference point, the verdict is like being at sea. The original poster receives a judgment, which does not necessarily mean justice.
Currently, a revision of the Building Code is being worked on, so that contract law (Werkvertragsrecht) is also covered by the Building Code. It remains to be seen whether this will at least reduce the overload of the courts.
If the building owner should have noticed it as a layperson, then the site manager as a professional should definitely have noticed it, right?
One would think so; reality these days often looks different because a site manager supervises too many construction sites simultaneously.
The managing director of the construction company already ruled that out yesterday and made a clear statement in front of everyone involved. "There is a site manager who has to take care of such things."
I’m glad for you; one less worry.
That’s why my question about how high the expected pressure surcharge should be to get things moving.
Have your general contractor submit an offer first, then you’ll see.
Courts have already determined many times how financial compensation can look. Of course, always based on the expected cost of remedying defects.
As I wrote above, having the right and getting the right are two different things.
That’s why my question about the amount, which only someone with expertise and who calculates such construction projects can answer.
No, I can’t, because your general contractor in Saxony certainly calculates differently than I do in NRW. Take as a first approach the court rulings you mentioned; you already have a rough total sum.
The window reveals are already done .
Very restrained—I took the white lines as an intentional hint from you.
Rhenish greetings