New window lintels on the ground floor are too low.

Hi Bauexperte,

without knowing the contractual construct of the OP, but:
I have 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 an AMATEUR?

I do not accept the argument: "A blind man with a crutch can see that; the OP should have noticed it."
If the client as an amateur should have noticed it, the site manager as a professional should have noticed it even more, right?

Also, I don’t find it that obvious, especially at the living room windows one would probably really have had to measure to see it. It is more noticeable at the windows on the front door side, but that is also not a perfect indication of a mistake. At our place, the front door is also higher than the kitchen window next to it. But that is due to the oversized front door.

If the general contractor makes a proper offer, it might really be solved with a few cosmetic retouches.

Am I supposed to turn half of the ground floor back into a shell because of this?!?!?

Many greetings,

Andreas

Therefore, it did not initially occur to us.

The construction manager apparently did not notice it or did not take our concerns seriously.

He should have, but didn’t, or the construction manager did not want to acknowledge the issue.

But we informed the construction manager in due time about our concerns regarding the windows.

Whether I should have approached it more assertively can of course be assumed, I didn’t and focused on other things. Be that as it may, it cannot be changed.

A legal dispute is obviously not the goal. If you go through various rulings, in the end quite different figures are on the table.

No, just a zero or something like that.

Of course the site manager is responsible for that! No doubt, no question!
And a defect has occurred (whether it is obvious or not)

I obviously have a different opinion here:
But you were aware of the mistake, and apparently it was reported to the site manager by you several times. Unfortunately, you allowed the omission and the lack of correction to take its course and thus made it clear that you TOLERATE it.
If it goes to court, in my view, you will come out with a relatively small amount, because your knowledge of it (and a lawyer as well as a judge will assume that after you noticed it, you also re-measured) will very likely be seen as partial fault.

So take what is offered and file the matter under experience.
Since you don’t want to assign blame anyway, I assume you are aware of your fault.

Edit: again for clarification: I’m wishing you every thousand you get, and if the site manager takes all responsibility, ok + great!
But in court, it can look very different!

But you were aware of the error, and apparently it was reported to the site manager by you multiple times. Unfortunately, you allowed the omission and lack of correction to continue and thus indicated that you TOLERATE it.

Sorry, your presentation seems completely absurd to me.

and does not show any solidarity.

A competent citizen is also expected to do something at a higher instance, namely competence.
I'll keep it short: After detecting the defect, a written and correct defect notification within two weeks. Even a builder must adhere to rules and must not be sloppy – even if the solidarity naturally tends to be directed at the OP by forum members.