Bauexperte
2013-12-20 11:01:49
- #1
Hello,
Refuse acceptance in writing and by registered mail.
Even though I can understand your husband’s attitude to some extent – it is the path of least resistance.
Here you write for the first time that you have proof of the exact location where the carport was to be placed. That means – even without written confirmation of refusal of acceptance, you can document that the carport builder was aware of the boundaries. Whether he is allowed to do this with or without a surveyor is irrelevant to you at this point in time.
That means – in view of my answer regarding the decision in a possible court case (no judge will order a dismantling by judgment because of 2 cm) – you have the best conditions to get out of this with “only” a minor setback. Only “if” your husband has not yet fixed his quick decision in writing: make that clear to your husband and let it come to a head. In the worst case, in my opinion, there will be a fine due to encroachment – although I really do not believe the neighbor will sue because he has to advance the court costs and his lawyer will certainly have informed him about the chances of a lawsuit. You can charge this “possible” fine to the carport builder since he alone caused the boundary violation.
First, if you have followed the formalities of setting a deadline, you can have the defects remedied by a third party at the builder’s expense; the costs must be borne by your builder. Whether you can offset them against your builder’s claim depends on your contract for work and services.
Second – no shooting from the hip! Use the holidays first to reach a compromise between you as partners that is acceptable to both of you. Afterwards you have to consider together how to proceed.
I know, there are stubborn heads in the municipalities who shoot sparrows with cannons. BUT even these have superior authorities and not infrequently these authorities are not interested in disputes with their customers. What you must do in any case is inform your builder about the demand from the drainage office. Please do so by registered mail! At the same time, inform the superior authority and ask for a timely response. Only if they do not want to budge – observe deadlines! – involve a competent lawyer.
Even if everything looks frustrating at the moment, don’t give up too quickly!
Rhenish greetings
No construction expert, already as soon as the terrace roof was up, it was noticed that it was too long. We immediately contacted the people, i.e. the installers. So we did not accept it in that sense. What were we supposed to do that day?
Refuse acceptance in writing and by registered mail.
My husband wants to avoid a legal dispute and has now agreed to the 50/50 solution, I, on the other hand, am furious and would never hire this company again nor recommend it. Especially since the order directly stated: boundary construction, boundary stone -2 cm. Precise measurement by the technician on site.
Even though I can understand your husband’s attitude to some extent – it is the path of least resistance.
But whatever. That’s how it is, the neighbors are done with me, the carport builder as well.
Rebuilding will only take place in spring due to temperature reasons.
Here you write for the first time that you have proof of the exact location where the carport was to be placed. That means – even without written confirmation of refusal of acceptance, you can document that the carport builder was aware of the boundaries. Whether he is allowed to do this with or without a surveyor is irrelevant to you at this point in time.
That means – in view of my answer regarding the decision in a possible court case (no judge will order a dismantling by judgment because of 2 cm) – you have the best conditions to get out of this with “only” a minor setback. Only “if” your husband has not yet fixed his quick decision in writing: make that clear to your husband and let it come to a head. In the worst case, in my opinion, there will be a fine due to encroachment – although I really do not believe the neighbor will sue because he has to advance the court costs and his lawyer will certainly have informed him about the chances of a lawsuit. You can charge this “possible” fine to the carport builder since he alone caused the boundary violation.
@Bauexperte, yes, by now I also think we have a lemon of a construction site, because we still have several nice issues regarding the city and warranty. Our builder has not responded to defects for 3 months despite setting a deadline. My husband is just too soft. If nothing happens in the new year, I will go all out.
First, if you have followed the formalities of setting a deadline, you can have the defects remedied by a third party at the builder’s expense; the costs must be borne by your builder. Whether you can offset them against your builder’s claim depends on your contract for work and services.
Second – no shooting from the hip! Use the holidays first to reach a compromise between you as partners that is acceptable to both of you. Afterwards you have to consider together how to proceed.
I know, there are stubborn heads in the municipalities who shoot sparrows with cannons. BUT even these have superior authorities and not infrequently these authorities are not interested in disputes with their customers. What you must do in any case is inform your builder about the demand from the drainage office. Please do so by registered mail! At the same time, inform the superior authority and ask for a timely response. Only if they do not want to budge – observe deadlines! – involve a competent lawyer.
Even if everything looks frustrating at the moment, don’t give up too quickly!
Rhenish greetings