ThomasH.
2023-08-16 22:35:47
- #1
Hello esteemed forum community,
first of all - a lawyer is already involved in the situation, but I would like to use your knowledge to gather additional information.
The following situation.
Our house contract runs through a general contractor.
During the construction planning, there was a so-called sampling for the equipment with a final sampling protocol.
Here we addressed an equipment and, in our opinion, it was also accepted. However, this equipment was not included as an item in the sampling protocol and we did not notice it.
There was also no additional cost for this equipment.
The mentioned equipment, however, appears one step later again in the execution drawing, which is based on the sampling protocol.
During construction, this equipment was missing contrary to the execution drawing.
Upon inquiry with the draftsman of the execution drawing, it was confirmed again in writing that this equipment was correctly specified by the planning.
For me, obviously a planning error.
The general contractor is naturally playing for time and uncertainty. For example, it is also stated in the house contract that in case of contradictions only the house contract would prevail in a graduated manner and the then additional agreements at contract conclusion. This would mean that the general contractor would have a free pass for faulty planning.
Of course, we could argue endlessly about house contract clauses here, but in my view, that makes no sense - let's keep it simple for the forum.
Therefore, the question to you.
Do you know of any rulings where planning errors from sampling to execution drawing were dealt with?
Thank you as always in advance.
Best regards
first of all - a lawyer is already involved in the situation, but I would like to use your knowledge to gather additional information.
The following situation.
Our house contract runs through a general contractor.
During the construction planning, there was a so-called sampling for the equipment with a final sampling protocol.
Here we addressed an equipment and, in our opinion, it was also accepted. However, this equipment was not included as an item in the sampling protocol and we did not notice it.
There was also no additional cost for this equipment.
The mentioned equipment, however, appears one step later again in the execution drawing, which is based on the sampling protocol.
During construction, this equipment was missing contrary to the execution drawing.
Upon inquiry with the draftsman of the execution drawing, it was confirmed again in writing that this equipment was correctly specified by the planning.
For me, obviously a planning error.
The general contractor is naturally playing for time and uncertainty. For example, it is also stated in the house contract that in case of contradictions only the house contract would prevail in a graduated manner and the then additional agreements at contract conclusion. This would mean that the general contractor would have a free pass for faulty planning.
Of course, we could argue endlessly about house contract clauses here, but in my view, that makes no sense - let's keep it simple for the forum.
Therefore, the question to you.
Do you know of any rulings where planning errors from sampling to execution drawing were dealt with?
Thank you as always in advance.
Best regards