Plan-compliant execution - who will be held accountable in case of non-compliance?

Hello everyone, and once again we have a problem. Recently, the Drainage Office contacted me and wanted the protocol of the tightness test and the confirmation of the execution according to the plans. I have received both from our contractor and forwarded them. Now yesterday the shock: the execution does not correspond to the original planning and approval. Our architect apparently "changed something" when creating the working plans (of which we knew nothing). I must say that the planning service and the approval process were carried out by another architect. He then had no more time, and we went with all the documents to a construction company and signed a contract for the execution.

Who is responsible in such a case? We went with the approval documents and said, please build as approved. And the CU said: yes, we will do that.

Now the Drainage Office wants: a.) a fine for the site manager due to false certification of the execution according to the plans b.) a fine for us as builders c.) excavation and re-inspection of the actual wastewater routing !!!! that means half of our property will be dug up again, driveway and garden. Who pays for this action?

Is the procedure of the Drainage Office correct in this way?

Regards Hilaria

Sounds a lot like "using a sledgehammer to crack a nut." This can certainly be done with ground sensors or something similar. From the client's perspective: The general contractor must take full responsibility for this. They had the contract to build according to the plan. If they don't do it, then they are at fault?! Why do you have to pay a penalty for errors made by the subcontractor? You haven't certified that it was constructed according to the plan, have you? Have you ever talked to the caseworker at the drainage authority?

Hello Hilaria,

basically, I have to agree with @Wastl, it sounds from the city drainage side very much like the motto "Shoot first, ask later." However, one really has to assess this on a case-by-case basis, i.e., how strict are/were the requirements, are they possibly unchangeable due to special topographical conditions, and how large are the absolute deviations, etc., etc.

Now the drainage office wants:
a.) Penalty for the site manager, due to false certification of the plan-compliant execution
b.) Penalty for us as builders
c.) Excavation and re-inspection of the actual wastewater routing !!!! i.e., half of our property will be dug up again, driveway and garden. Who will pay for this action?

Is the procedure of the drainage office correct like this?

Regards
Hilaria

Regarding a:

That is quite possible and I would forward that to the site manager accordingly so that he can/must respond. If he performed the certification but it does not match the actual planning, then he knowingly certified a false condition. Depending on the amount of the penalty or its impact on his further activity, he will have an interest in correcting the matter.

According to my understanding or in my region, a subsequent amendment of the building application would have to be made, which would usually resolve the matter if the construction execution is basically approvable.


Regarding b:

As you describe it, that can happen to you too, because as the builder you are basically liable for the construction execution/construction management planning if you do not delegate it to an architect (and even then you are not fully exempt). If I understood you correctly, you have had plans revised by a second architect but handed these plans to the contractor for construction execution. Now the decisive question is, who supervised the construction execution? You? The second architect?


Regarding c:

Who bears the costs for the action will depend on a) and b), i.e., one must first clarify to whom which fault can/must be attributed. Meanwhile, it is also possible to locate PE pipes, or one makes only one or two small manual excavations to prove the actual position of the pipe. If there are above-ground shafts by which the pipe’s location can be verified, that should also suffice.

I would simply forward the letter to the architect and contractor to hear how they view it. However, if deadlines are already set in the letter from the city drainage department, you should take them seriously and, if necessary, get in touch with a construction law attorney after estimating the potential costs.

Best regards
Dirk Grafe

Addendum
We have now forwarded everything to our BU by registered mail, let's see what they say or don't say about it.

So, we have received a highly official registered letter from the city with fees, threat of penalty, etc. Currently, we are required to submit a revision plan by January 20th. I don’t know what will happen next.

That means – without knowing the letter in detail – that the amendment to the building application must be submitted by January 20th. That is the responsibility of your AR/BU. The penalty is only threatened in case that does not happen.

However, I consider this matter to be significantly more important/potentially more expensive/more dangerous than the issue with the roof overhang. Therefore, I would focus 100% on this and simply wait with the roof overhang matter to see if the neighbor even files a complaint.

Best regards Dirk Grafe

sorry, but I can't follow all of this anymore.
What a pity.

Regards, Hilaria

The appointment in January will of course take place with the participation of the BU.