Retention in case of warranty defects - With VOB contract

Hello everyone,

We have been living in the house since the middle of this year. The house was built with a VOB contract (without security retention) through a general contractor, and since some work was still outstanding, it was agreed to settle the final invoice only after the completion of the repairs. This is now due.

However, in addition to the defects identified during acceptance, further defects have emerged (windows faulty in two places, roller shutter box leaking in the wind), which now fall under warranty. I would actually like to withhold a portion as a pressure surcharge. Is this allowed within the scope of the warranty?

Regards
hyaden

Sure. Double the amount of the defect value.

Section 641 of the Building Code allows you to withhold an appropriate portion of the payment. Generally, double the costs required for the remedy of defects are considered appropriate.

It is important that you still specify the "new" defects and set corresponding deadlines for their remedy.

However, I am somewhat surprised that the roller shutter box is leaky. Was there no Blower-Door-Test?