Trades do not provide defect remediation with the developer

  • Erstellt am 2020-06-27 12:04:57

REH63110

2020-06-27 12:04:57
  • #1
Following situation: We are building with a developer, let's call him Röhrich for simplicity.

He has commissioned a local specialist company for the electrical work on the construction site, let's call them Habicht.

The developer allows the customer free rein in the electrical planning; one can place any switch/socket as one sees fit, of course for an additional charge.

A few weeks ago, we received a letter from Fa. Röhrich stating that the trades are largely completed and that we can start our own work such as flooring and wall decoration inside the house from mid-June.

However, Fa. Habicht is not keeping up with rectifying the defects in the electrical installation and as long as that is the case, we cannot begin our work accordingly.

So far, we had sockets that were installed before the drywall and are now in the way; these must be changed accordingly, missing sockets, high-voltage cables placed where the core drilling is to be done, and more.

The site manager is informed accordingly and keeps postponing, telling us every week that it will be done in the coming days. Fa. Habicht is also on site, but work is only done in one place at a time (and sometimes not correctly) while the rest is neglected.

Is there any legal recourse for the customer to take action here? We have already paid the electrician the full amount in advance for the change requests, so unfortunately, we can no longer withhold payments.
 

ypg

2020-06-27 12:20:32
  • #2
Formal notice of defects with correct deadline setting!
 

tomtom79

2020-06-27 12:38:15
  • #3
Are you sure it's the developer? Because then there is a payment deadline and acceptance date. At the latest from then on, you have the reins in your hands.
 

REH63110

2020-06-27 12:39:02
  • #4
Exactly that is the matter, the official acceptance is only in autumn. However, the developer already allows that own work can be carried out.
 

ypg

2020-06-27 12:57:31
  • #5
Did the developer build the house on your land or did you buy the land from him as well?
 

HilfeHilfe

2020-06-27 12:57:45
  • #6
Classic dilemma with own work! I addressed that directly?!
 

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