Scratch on the front window - construction company says no defect

Hello,

we have been living in our new house since September last year. So far, there have been no problems, or rather, minor issues were quickly resolved by the construction company. Now, on a sunny December day, I noticed that on the outside of a front window at about 1.5 meters height, there are small but fine scratches approximately 1 meter wide. These were not noticed during the inspection. The window installer was here and said that this must have happened during construction. Now the construction company has written to me that the scratches are not visible from a distance of over 1 meter and therefore are not considered a defect! Unfortunately, they are. How should I proceed now?

Regards Frank

Well, you moved in in September, and in December you noticed scratches that were not visible at the handover. The construction company will make excuses, saying the scratches could have basically been made while cleaning the windows. Therefore, it is certainly clear, probably your problem.

Hello Frank, this is a lousy situation. The quality of window glass is described in the "Richtlinie zur Beurteilung der visuellen Qualität von Glas im Bauwesen". However, this is neither a standard nor a set of rules and therefore has only a recommendatory character, even though it has been consulted for ages. However, practicality and usability are regularly emphasized. Aesthetics take a back seat. In this respect, it will probably be very difficult legally, especially since there is no proof that the defect already existed at acceptance. There are cleaning agents that reduce such scratches, try it in an inconspicuous spot. However, if it annoys endlessly, replacing the pane is just as expensive as a legal dispute.

Yes, stupid situation. I can understand both you and the construction company. You should have checked carefully during acceptance – of course, no one does that so thoroughly. But the construction company also doesn't want to pay for defects they may not have caused. Such a window doesn't cost the earth, no reason to be upset for days. Maybe there is also a neighbor’s boy who likes to play football on the street by the house and has a good shot....?

Thank you for the answers! I had almost figured that out. Well, as they always say: You never achieve 100%, but 99% is very close.
Regards Frank