Screed uneven - defect removal refused

Hello everyone, I hope I am correct in asking my question here:

We have an uneven screed. It rises 35 cm by more than 10 mm away from the wall. Let us assume that the defect is unquestionably present. The floor covering was laid on the uneven floor. The uneven floor was noticed but not recognized as a construction defect (lack of knowledge of the facts).

After recognizing the situation, the builder was informed of the defect (by email). The builder refused to fix it, stating that nothing could be done because the floor covering was installed without checking the floor beforehand.

Is that correct? Is the company no longer responsible for remedying this defect? Or is it possibly the case that the company must fix the defect but cannot be held responsible for the costs of the newly installed floor covering?

With us, the tiler checked it and then the screed company was allowed to rework. Only then did the tiler actually start. Whether this is generally standard, I cannot say. Who laid the floor covering?

For such flatness issues, our company always immediately took out DIN 18202 (tolerances in construction). I think the screed and the finished flooring are regulated there. Unfortunately, I don't have the standard on hand. See if you can google the standard. If the screed is outside the norm, I would use that to argue!

That sounds so stupid, I would immediately consult a specialist lawyer for construction law because one craftsman is shifting the blame onto the other. Warranty on construction is also so tricky that I - although I claim to know a little about it and possibly be able to assert myself without a lawyer - would never tackle it without at least having spoken to a lawyer specialized in construction law.

The fact is: both have screwed up - the screed layer did not comply with the tolerance, the floor layer took it over without checking, if you have a building supervisor, they also screwed up ... and you are supposed to bear the damage. However, if you did not have a building supervisor and took on this task yourself, a partial fault will certainly be attributed to you.

Normally, there should be something like a handover between the trades, i.e., the floor layer may only start work once the previous trade, on which he builds, has been accepted/released. Whether this is always done or documented in writing is another matter, but it is also true that you are not simply allowed to take over a faulty trade if you are professionally able to recognize/check it.

One could theorize about it for a long time, but I believe you will hardly get anywhere without a lawyer. After consulting a lawyer, I would possibly give the matter one last chance by writing to both craftsmen with a deadline, asking them to comment on the matter in writing and offer a scheduled damage settlement, i.e., not even posing the question whether they are responsible for the damage (both!), but only asking when the damage was reported to their liability insurance and will be settled free of charge. Possibly send a copy directly to the insurances, which should be known.

If the deadline (max. 14 days) expires or only empty phrases come back, I would hand it over to a lawyer at the latest then.

Best regards
Dirk Grafe

Hello,

for an early bird, you take a long time to respond to posts

We have an uneven screed. This rises by 35cm by more than 10mm away from the wall.

Does it slope down by 10 mm or rise? In the last section of 35 cm or continuously from wall to wall?

Let's assume that the defect is unquestionably there.

Who is "we"? I (still) see it differently

The floor covering was laid on the uneven floor. The uneven floor was noticed but not recognized as a construction defect (lack of knowledge of the situation).

Confident behavior despite complete ignorance of the situation?

After recognizing the situation, the defect was reported to the construction company (by email).

Wrong twice; I may (perhaps not yet) recognize a defect, a smart builder does not send a defect report via email!

However, the construction company refused to rectify it, stating that nothing could be done anymore because the floor covering was laid without previously checking the floor.

That closes the circle ... maybe, probably, finally?

Please write a little more precisely about what deviations in the screed you are referring to and also about the closer circumstances of your contract: general contractor / general subcontractor or tender via architect.

Rhenish greetings

Good evening,

thank you very much for all the constructive replies.

I will clarify my inaccurate or incorrect descriptions:

The screed rises by 10 mm over the last 35 cm towards the wall. If I understood the above-mentioned DIN correctly, this is not permissible, so I (we in this case were my wife and me) assume it to be a structural defect. The person who appeared certainly in complete ignorance of the facts was myself. The floor is parquet installed as a DIY project. The construction was done with a prefabricated construction company.

Better?