Outsourcing of contracts

Hello everyone,

after unsuccessful research on the internet, I am now trying to rely on your experience here in the forum.

Briefly about the situation: We built a single-family house with a construction company known in our region. (Not turnkey) A contract was made with the construction company with a local painter and plasterer to install the exterior facade. The painter and plasterer has now subcontracted partial work to install the exterior facade. This seems to be common practice. My question is how this looks legally. Can a contracted company simply hire another company to do "their" work without consulting the client? We are asking this question because we suspect we might have problems when it comes to possibly reporting defects. The contact person and responsible party is the contractor (plasterer). He would then have to contact the company he hired, and as is often the case in life, when many cooks stir the soup, it was no one's fault if it gets spoiled. We are also wondering how "well" our construction company has advised us in this regard, if now even a third company can make money from this, if you know what I mean?

Thank you in advance for your help and suggestions.

Unless a highly personal service provision is agreed upon, which would be unusual, you have no influence on it.

My question now is how this looks legally. Can a contracted company simply commission another company to do "their" work without consulting the client?

What kind of contract did you award? A) Deliver finished facade or B) Have the facade exclusively made by the contracted company. B) would be unusual. In normal life, many craftsmen work with subcontractors. But you might not care.

We are asking this question because we suspect we might have problems if it comes to possibly complaining about defects.

Defects must be rectified by the company you contracted. How they do it is no longer your problem.

Likewise, we are wondering how "well" our construction company has advised us in this regard

If you buy a VW Golf, how much VW is actually in it? Actually none, since the components come from dozens of suppliers. Is the car then rubbish? You could have bought a different car or, in your specific case, obtained a cheaper offer. Maybe your construction company doesn't even make money on the facade but has so many orders that they simply can't manage it themselves? Conclusion: Your construction site is running completely normally.

Apart from that, I understand that your general contractor has already subcontracted the facade work, right? Then you have no leverage there anyway, because that is then the responsibility of the general contractor, unless you have— as mentioned— agreed on a highly personal service provision. In any case, your general contractor is your only contact person, also and especially for warranty issues.

You have a contract with the Stukkitur. You cannot influence if he passes the order on. You must report defects to the Stukki and he has to ensure that these are fixed. Would not pay beforehand either.

Hello everyone,

thank you very much for your answers. You have helped me a lot.