Suburban site inspection guarantee roller shutters, how to make a protocol?

Hello,

I had a house built turnkey a year ago. Now there are problems with 2 roller shutters. The company that built the house was on site with the customer service of the window manufacturer and an error was found on the part of my house construction company. I have now asked the house construction company to prepare a protocol of the inspection. They consider this unnecessary and will not create one. Since I want to protect myself, it is important to me to have such a protocol created. Since I am unfortunately not very familiar with the technical side, I will have to do a lot of research for this. Now my questions:
1. How should such a protocol look, or what must be included?
2. Is the protocol usually signed by the parties involved?
3. Isn’t the construction company responsible for creating the protocol?

Thank you in advance for your answers.

Regards
Ralf Neumann

Hello Ralf,

1. What should such a protocol look like, or what must be included?

Informal - it should include everything that came up during the inspection.

2. Is the protocol normally signed by the parties involved?

Yes.

3. Isn't the construction company responsible for creating the protocol?

A protocol should always be created; it is in the interest of all parties involved. However, it is only mandatory to prepare one if it has been explicitly agreed upon in writing in the contract. In my opinion, there are no legal paragraphs that fundamentally require it.

You can consider the following options:

[*]Write to the window manufacturer, asking them to prepare and sign a statement regarding the inspection.
[*]If the window manufacturer agrees to point 1, send this document to your supplier with the note "for information and to remain in the house." Additionally, set a deadline by which the defect should be remedied.
[*]You prepare a protocol from memory and send it both to the window manufacturer and your supplier with the indication that you want this memory protocol to be understood as a record of the "status quo" and ask both to countersign and return it within a deadline. Further addition: if the counter-signed memory protocol is not returned, you assume that the content is considered correct by both parties and that the defect will be remedied within deadline "x."

In Germany, only lawyers (RA) are allowed to provide legal advice, so as a fourth option, consult a lawyer if neither the window manufacturer nor your supplier respond to your letters.

Kind regards