Wrong door installed and the architect wants to evade responsibility

  • Erstellt am 2012-07-16 16:25:56

Luckhardt-1

2012-07-16 16:25:56
  • #1
In the tender for our front door, our architect made a mistake for which he now does not want to take responsibility. Originally, he had proposed two door options to us via email and we also clearly decided on one type via email. However, he then entered the wrong door in the scope of services. We never saw the document, and only after the door was installed did we notice the mistake. The architect now claims never to have received the email, saying we should make sure that "Änderungswünsche" are actually delivered?! In short: he simply does not want to cover the damage. We are pretty upset and are now looking for a way to enforce our rights. Perhaps someone here has a recommendation for action?
 

MODERATOR

2012-07-21 18:59:59
  • #2
In email contacts, it is difficult to provide clear evidence for agreements. In the future, they should explicitly request confirmation of receipt - and if this is not received, follow up. In general, I advise that email correspondence in the contract or business area should always be conducted using the direct reply function of the email program (i.e., with quoting or insertion of the original messages). Only in this way can it be ensured that the content of the correspondence remains comprehensible and verifiable.
 

Annegret-1

2014-05-24 10:28:53
  • #3
It is often heard that architects make mistakes but do not take responsibility for them. Even if everything is done by email, it is difficult to provide proof afterwards. I will do everything again in writing by mail.
 

Dario-1

2014-06-03 11:55:26
  • #4
That's really amazing. But that's exactly the disadvantage with this email correspondence. However, it should have been noticed in the [Leistungsverzeichnis].
 

Robert-1

2014-09-07 06:59:10
  • #5
At this point, however, I would make a fuss. Regardless of whether there were verbal agreements or everything was handled via emails. This major defect must be fixed without ifs and buts.
 

Hannes1983-1

2015-01-02 08:57:55
  • #6
Hi,
Don't let anything go and threaten with a lawyer. If the door was installed according to SIA standards, then issue a written warning. Then they have to fix the defect or arrange for it. This can also be another company.

I always recommend keeping a record during construction work. After the work is done, the company must sign it and this must of course also be checked.

All the best
 

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