Trouble with the property developer, don't know what to do anymore

2019-09-09 17:44:21

Do you happen to know what it looks like if we now outsource the matters to an external company regarding the warranty?

Please refrain from substitute performance (except in emergencies) without legal advice.

2019-09-09 21:32:28

Is it probably more of a general contractor, right?

The developer had actually promised us completion in KW 36, nothing happened, so we asked and were told that the craftsman was still on vacation but would come on 07.09.19.

That reads to me like you did not observe the official form and therefore the general contractor sees no need to act.

KW 36 was last week. The craftsman was on vacation until last Saturday and today is Monday and you are pondering.
Whether you are being strung along or not:

Write a defect notice by registered mail with possible deadlines to the general contractor.
If nothing happens, then issue a warning. Only after that can you commission a craftsman at the general contractor’s expense yourself.
Proper defect notices can be found online.

I have meanwhile considered a lawyer since I don’t know any other way forward, but that would be the last resort...

He wouldn’t be able to do anything else right now either.

Do you happen to know how it looks if we now assign the work to an external company regarding the warranty?

See above.

The defect notice is a process. If you don’t stick to it, the other party doesn’t have to either. It’s that simple.
What all else happened so that you are sitting in a house with a damp basement is already past. I always say: don’t build a basement, then it won’t get wet.
Regarding the other defects: were they documented in writing at the handover?
When was it?

2019-09-10 13:29:06

Is it probably more of a general contractor, or?

To me, it reads as if you did not observe the official formality, and thus the builder sees no need for action.

Week 36 was last week. The craftsman was still on vacation until last Saturday, and today is Monday and you are pondering.
Whether you are being strung along or not:

Defect notification in writing by registered mail with possible deadlines to the builder.
If nothing happens, then give a warning. Only after that can you commission a craftsman at the builder’s expense yourself.
Proper defect notifications are explained online.

He wouldn’t be able to do anything else now anyway.

See above.

The defect notification is a process. If you don’t adhere to it, the other party doesn’t have to either. Simple as that.
Whatever else happened that you now have a house with a damp basement is history anyway. I always say: don’t build a basement, then it won’t get wet.
Regarding the other defects: were they recorded in writing at the handover?
When was that?

I wrote him an email yesterday (with read receipt) informing him that he should take care of it this week and pointed out that he is in default. And that if nothing happens, we are considering taking legal action. Because of my email, he called my husband last night and told us we are horrible people. That he has no problems with any other builders, only with us. (My email was written very politely.) Is that enough or do I need to write an additional formal defect notice? What should be included in the acceptance protocol if he does not get back to us by Friday (which I assume)?

2019-09-10 14:15:47

Written notice of defects by registered mail with possible deadlines to the contractor.

I wrote him an email yesterday (with a read receipt) informing him that he should take care of it this week and pointing out that he is in default. And that if nothing happens, we will consider taking legal action. Because of my email, he called my husband last night and lectured us about what inhuman people we are. That he has no problems with any other clients, only with us. (My email was written very politely.) Is that enough or do I need to write another separate notice of defects? What goes into the acceptance if he doesn't get back to us by Friday (which I assume)?

The only correct procedure is as ypg described it... Written notice of defects (registered mail with return receipt) with appropriate deadlines.
Everything else (email, phone, ...) is not admissible if it comes down to it.

You can forget about the call from yesterday, that’s just show... Handle it very objectively. ALWAYS complain about every defect in writing!
The contractor has the right to provide the service. You have to grant him this right (of course with reasonable deadlines). If he does not exercise this right, you can purchase the service elsewhere. However, I would seek legal advice regarding this.

I would refuse acceptance on the grounds that there is water in the basement. (with reference to serious defects) The house is not acceptable in this condition...
He cannot force you to accept it.
Once you have accepted, you have the burden of proof!

And don’t transfer another euro before all defects are resolved! Unfortunately, that’s the only thing that works.

2019-09-10 16:06:32

What goes into the acceptance if he doesn't get in touch by Friday (which I assume)?

If I remember correctly and the legal regulations haven't changed, the acceptance has already taken place with the move-in long ago.

2019-09-10 16:28:30

If I remember correctly and the laws haven't changed, the acceptance has already taken place upon moving in.

It always depends on the contract... at the time, we agreed on a formal acceptance. And then acted accordingly on that date.

@Threadstarter
It’s best to do a lot of Googling on what an acceptance protocol can look like. You’ll also find many points to pay attention to.
By the way, the protocol does not have to be signed by the general contractor. It serves as documentation. Everything recorded in it puts the burden of proof on them to have worked correctly.

One should prepare very well for the acceptance appointment! By the way, I would only refuse acceptance at the very end of the show.

Good luck!

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Trouble with the property developer, don't know what to do anymore

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Eni1990

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