Withholding payment for defects in the shell construction

How do I achieve that these defects become "undisputed"? Do I even have a chance?

The field of declaratory (counter)claims can excellently illustrate why the Legal Advice Act does not consider qualified legal advice to be given by pub regulars ;-) And you still have to somehow bridge the years that go by for your chance.

after all, who wants to take warranty for what someone else has botched ...

I think we just had that recently, keyword: "preceding trade".

The botchers seem to be common. Here, @11ant is criticized about this in almost every second post.

Botchers are everywhere where architects are replaced by draftsmen and masons by stone stackers. It is most visible on the finished object, especially when one "consequently" orders a general contractor for brick facing who employs "screed Ahmeds" for it. There is a causal connection between planning ignorance and botchers: if you only deal with wall thicknesses and not with all the stone dimensions, you plan wall dimensions that cannot be achieved without constantly weighing between "sawing or cheating." And there you have the wrong overlap dimension or the placement of mortar where it does not belong. Sloppiness is no magic – complete idiots can do that even better than people who have always paid close attention in school.

OT:

Estrich-Achmeds

I don't want to step on your toes and always find your posts very interesting. But even when you put quotation marks around it here, the expression is discriminatory and unnecessary.

He means these are definitely defects. He also says he wouldn't pay the general contractor anything more and has advised us to consult a lawyer. However, he also says that he doesn't know the market prices on the "end consumer market" well enough to give us accurate figures.

That's exactly my problem at the moment. I don't know the subject well enough to break down the invoice properly.

Why not? That's more than the "effective" working time they needed to build the floor. What would be a reasonable deadline for rectification?

But 2 weeks is reasonable... I can say that from experience. No one really believes that he will actually come and tear it down anyway.

I don’t want to step on your toes and always find your posts very interesting. But even when you put quotation marks around it here, the expression is discriminatory and unnecessary.

Then you seem to have overlooked the two posts and #32 of the same thread, where I explain the use of the term.

I have now skimmed through here and had to discover certain parallels. Did you issue a notice of defects to the GU? As long as you have not carried out acceptance (and I assume you haven’t), he must prove to you that his work is in order. That means he has to certify this to you. I would not pay anything until then. You have the right to withhold double the cost of defect rectification, and these seem to be considerable here. My "Fleischerhaus" has defect rectification costs of about €100,000 according to a TÜV report, and no successor company wants to take it on. Even here, dismantling is mentioned because no one takes over the warranty for the other’s botched work, and we are already a long way ahead of you. Only a competent architect who also has the appropriate companies at hand and a good lawyer can really help to get out of the old contract and obtain damages. The latter, however, will be difficult. I have a court ruling stating that my shell construction company has to pay me €130,000 in damages. I can hang that around my neck because the GU sold the company to a Pole who cannot be found.

Looks like someone waiting for their date and got stood up. :( my sincere sympathy. I always have your story in mind when I see the botched bags on my EG walls... Yes, I know, it's nothing compared to your stuff, but I have a bad feeling...