TeChrJu
2019-07-12 11:09:01
- #1
Dear forum members,
My husband and I are currently building a single-family house in Lower Saxony with a property developer. The construction is well advanced, the move-in is imminent, and with it the installation of a prefabricated garage, which is not being handled by the developer. We purchased the garage as a prefabricated unit before submitting the building application. We forwarded the planning documents directly to the developer, more precisely to the developer's architect, so that the garage a) could be applied for and b) the planning would take the garage into account.
The problem: A downpipe runs "through" the garage and needs to be relocated. This error is not contained in the garage planning documents. The error slipped into the building notification. Neither we nor the architect from the general contractor noticed this. We have only just become aware of it.
The developer now believes that we signed the execution plans and therefore have to pay for relocating the drainage pipe. The error should have been noticed by us.
We see this differently, as this is a planning error on the part of the developer. We provided all documents before the building notification; however, the drainage was incorrectly constructed based on the correct documents.
Could you give us an assessment of whether we are correct in this view or if, in your opinion, the developer is right with the statement "You signed, so you are responsible/liability and not us." I understand that this is not legal advice; I am only looking for a small opinion. Otherwise, I have found little on the internet that fits our case...
Thank you and best regards
Tita
My husband and I are currently building a single-family house in Lower Saxony with a property developer. The construction is well advanced, the move-in is imminent, and with it the installation of a prefabricated garage, which is not being handled by the developer. We purchased the garage as a prefabricated unit before submitting the building application. We forwarded the planning documents directly to the developer, more precisely to the developer's architect, so that the garage a) could be applied for and b) the planning would take the garage into account.
The problem: A downpipe runs "through" the garage and needs to be relocated. This error is not contained in the garage planning documents. The error slipped into the building notification. Neither we nor the architect from the general contractor noticed this. We have only just become aware of it.
The developer now believes that we signed the execution plans and therefore have to pay for relocating the drainage pipe. The error should have been noticed by us.
We see this differently, as this is a planning error on the part of the developer. We provided all documents before the building notification; however, the drainage was incorrectly constructed based on the correct documents.
Could you give us an assessment of whether we are correct in this view or if, in your opinion, the developer is right with the statement "You signed, so you are responsible/liability and not us." I understand that this is not legal advice; I am only looking for a small opinion. Otherwise, I have found little on the internet that fits our case...
Thank you and best regards
Tita