Static test certificate stability 1 will not be issued

Hello,

I will try to describe the overall situation only with the points important from the perspective of a layperson, the client. The entire project has a complex and extensive (pre-)history.

[*]It is about the reconstruction of a roof structure including the conversion into an attic apartment with a loggia in a multi-family house. An architect has been commissioned for the construction management.

[*]Due to the building class, in addition to the structural analysis, a verification structural analysis is also required.

[*]The roof structure has already been completely built; only the finishing of the loggia is missing. So far, this was done without the verification structural engineer submitting either the Certificate of Structural Stability 1 (calculated proof) or Certificate of Structural Stability 2 to the building authority.

[*]Due to the autumn weather, water damage repeatedly occurs because construction on the loggia cannot continue, as no verified structural analysis for the loggia is available yet. The client/I have instructed the architect to stop all further work since there is no assurance that the verification structural engineer will carry out the structural analysis and construction inspection.

[*]The building authority has issued a notice to the client/me including a penalty of €1,000 to present the Certificate of Structural Stability 1 by day X. The verification structural engineer informed via email that he cannot submit the verification structural analysis by day X due to capacity reasons. He cannot provide a prospective date either.

What can still be done now? As the client, I have no influence on the completion of the verification structural analysis but now have to pay a penalty of €1,000 to the building authority. Since the verification structural analysis cannot be submitted, construction cannot proceed. This results in water damage to the apartment. Also, no prospective date can be given. Is the verification structural engineer obligated to check the structural analysis within a certain period? Almost €3,000 has already been paid to the verification structural engineer. To my knowledge, I cannot simply change the verification structural engineer.

What can still be done now? As the builder, I have no influence on the completion of the structural analysis, but now have to pay a penalty of €1,000 to the building authority.

I would inform the building authority about the correspondence with the structural engineer and see what possibilities/extension of the deadline arise. There are also people working there, not monsters.

Since the structural analysis cannot be submitted, construction cannot continue. This causes water damage to the apartment. No expected date can be given either.

You can have the loggia temporarily sealed/enclosed; the roof structure is already standing. That will surely be cheaper than repairing water damage.

Is the structural engineer obliged to check the structural analysis within a certain time?

I could not find anything about this in the PrüfVBau and other publications. So I assume it depends on your contract. Have you specified a time frame? However, I really do not understand that you started building the attic *before* the structural analysis was available? Rhine regards

Hello construction expert, thank you very much for your reply.

I don’t quite understand the quoting function yet, so I’ll try from top to bottom.

I am forwarding the correspondence with the structural engineer to the building authority. I hope that this will extend the deadline. They are not monsters, but hardly reachable. Finding out the fax number or email address will still be an exercise in patience.

The loggia was sealed provisionally, but this is now the fourth water damage and I have no trust left in the craftsmen. It’s always the same pattern: "it’s sealed," but at the next rain it leaks again through the ceiling into the neighbor’s apartment below. Last time, a huge chunk of plaster came down from the ceiling with a bang. Unpleasant for the neighbor, embarrassing for me as the builder, and frustrating because you depend on the craftsmen. Unfortunately, the architect shows no interest in addressing the matter as a high priority.

The contract with the structural engineer does not specify a time frame. Verbally, followed by an email record that I sent to the structural engineer, the day X was communicated. The structural engineer was accordingly aware of the submission deadline. Then, one day before day X, the information came via email that the deadline could not be met.

Regarding the last point, why "I" started building the attic before the structural check: an attempt to summarize briefly:

[*]This is my first build, I have no prior experience
[*]For this reason, I commissioned an architect with full planning & construction management
[*]The building permit already existed. The architect failed to submit a revised plan that enlarged the roof terrace.
[*]Because of this omission, the structural engineer could not start the structural analysis immediately. Since I received no information, I was unaware until then.
[*]Then an invoice from the structural engineer was issued, which was signed off by the architect as "service rendered." It was forwarded to me.

[*]Based on this document, which the architect had signed and approved payment of the structural engineer’s invoice, I 1. paid the invoice and 2. assumed that the structural analysis & check were settled.
[*]Then came the first letter from the city stating that the stability certificate 1 was still missing.
[*]After consulting the architect, "it can only be a formal error," the architect assured us that the structural engineer would clarify everything.
[*]Then the second letter from the city arrived.
[*]After consulting the architect, the only response was that the structural engineer would handle it. From this point on, I lost trust and took control myself, calling the building authority, structural engineer, and structural checker.
[*]Had I known that the structural check was not yet available, I would have immediately filed an objection when the architect began construction.

Hi,
sounds complicated and I have had to point out several times: building law is absurd.
But shouldn't your architect have stopped as well? It sounds like he knew that the structural engineering was not yet done, he MUST have informed you about that.
And how on earth can the architect approve the invoice with "service rendered" if the service was obviously not rendered? The city has nothing yet...
And did you tell the craftsmen: "go ahead" or your architect? He is the construction manager, so that would be his job.
I think it would now be important to have a construction lawyer clarify exactly who should have done what and when.

At first glance, I would actually say this is the architect's problem and he is liable, but as often: building law is absurd...

Off to the lawyer!

Best regards,

Andreas