Wrong foundation with high consequential costs

Hello Forum!

We commissioned the construction of a carport and have only had problems towards the end.

In advance: the foundations had to be commissioned from company A, the carport from company B.

It started with the fact that the foundations from A were not laid according to plan. They are set so far outwards that the pedestals could only be half attached.

However, this was only noticed when the installers from B were on site. An invoice for 2-3 hours of work was to be issued for the installation failure.

After a phone call on the same day, A came by the next day and extended the foundations in the correct direction. That means: excavated the ground, beveled the old foundation, and filled the new foundation with quick-setting concrete.

However, A wanted an additional amount X for this and "out of goodwill" reduced it by 50%.

One day later, the invoice from B arrived, but significantly higher than expected. Six working hours were charged instead of the verbally indicated three per installer, as well as a flat rate of €3 per kilometer (including tax) for travel to and from the site.

The amount was immediately communicated to A. The response was merely regret and the note that A no longer has professional liability insurance that could cover this.

We are slowly desperate and don’t know what to do.

Does anyone have advice on who actually has to pay what now and to whom we should turn?

Many thanks!

In advance: the had to be commissioned from Company A, the carport from Company B.

Why is that?

that A no longer has professional liability insurance that could cover this.

What kind of company is that? Where did you get them from? Have you already paid?

Liability exists regardless of whether there is insurance for it. Company A does not get off that easily. The crucial question is therefore whether there is anything to be gained there or whether the company is already insolvent. If the company is not insolvent, the way leads to the specialist lawyer.

Why is that? Because Company B does not manufacture foundations, we had to turn to Company A. What kind of company is that? Where did you get them from? Have you already paid?

A is a small local company with only a few employees. Yes, we have already paid.

Liability exists regardless of whether there is insurance for it. Company A won't get off that easily. The crucial question is therefore whether there is anything to recover there or whether the company is already insolvent. If the company is not insolvent, the way leads to a specialized lawyer.

So that means the company is liable with its own assets because no insurance can cover it?

But only regarding the correct construction of the foundations, or also for the costs incurred beyond that?

Company B charges 6 hours per fitter to find out that the foundations are not correct? Sorry, but the very first thing the foreman does after getting out of the car is measuring the foundations. Then he knows whether he can build the carport or not.

If they decide to try it anyway, that's their problem, not yours. The carport builders are the professionals and therefore have to be able to assess whether it makes sense or not. If it doesn't make sense, it's botched work, just like with contractor A, and you don't have to pay for it.

Whether it's worth getting something from Company A... if so, only in a few years, until then you have to manage without a carport and pre-finance your lawyer. If Company A decides to go bankrupt in the meantime, the money is gone, including the money for the lawyer.

Could you measure the carport?
Tip for next time. After completion of the work, measure yourself to see if it roughly matches, so to the centimeter, not millimeter.

I also trusted my excavator and now there are leaky rain pipes underground...
Never trust a craftsman blindly...