ᐅ Warranty and Movable Items

Created on: 5 Sep 2016 23:03
M
Momad
Hello

my general contractor offers a 5-year warranty for the building structure and a 2-year warranty for the movable parts.
What is considered "movable" inside a house?
Is this documented anywhere?
Mechanical ventilation, doors, windows...??

Thank you very much!
S
Sebastian79
8 Sep 2016 11:57
ypg schrieb:
With an expensive kitchen where the countertop also serves as the windowsill, the renovation is relatively inexpensive, so it can be assumed that this is a movable element.

Why would that be the case? What is the difference between the countertop extending into the window opening or the windowsill being integrated into the countertop?
Y
ypg
8 Sep 2016 12:22
@Sebastian79
Some people might argue, using the example from @Neige, that the countertop is connected to the part of the house in the same way as, say, a window. Removing it could potentially damage the window or the masonry sill.
However, in legal disputes, proportionality is always—or at least should be—decisive. In the case of an _expensive_ kitchen, the repairs to the house (as well as to the kitchen) are usually considered minor in comparison. This mainly applies when trying to legally or financially separate the kitchen from the house, for example, regarding the property transfer tax (building permit/planning permission).
I hope I have expressed myself clearly.
P
Payday
8 Sep 2016 19:49
In order for someone to be held "liable" in the context of contract law, you must have a contract with that party. If the general contractor (GC) delivers a finished house, you do not have a direct contract with the plumber regarding the heating system, but rather with the GC. Consequently, you need to address any issues to the GC, who will then, in almost all cases, refer you to the plumber. You are not allowed to bypass the GC to make legal claims, as they could have sent someone else, for example, a new plumber they currently work with.
M
Momad
8 Sep 2016 22:55
The notary contract literally states:
"The limitation period for defects in the building is 5 years, and for work on the land as well as for defects in movable items that are not construction work, it is 2 years."
This concerns a contract for work according to VOB/B and C:

"The VOB is mandatory for all public sector clients. Due to its balanced nature, it is recommended for all other construction contracts. Parts B and C supplement the contract law for work under the Civil Code (Building Code) with very specific contract conditions tailored to the special requirements of construction. For these reasons, it is agreed that the 'General Contract Conditions for the Execution of Construction Work (VOB Part B)' and the 'General Technical Contract Conditions – ATV – (VOB Part C)' in their latest version, which has been published in the Federal Gazette at least nine months before the contract date, are part of the contract."
O
Otus11
9 Sep 2016 07:26
Momad schrieb:
The notary contract literally states:
(...)

"The VOB is mandatory for all public clients. Due to its balance. ..."

A notarized contract alone does not make it effective...

You are the client. You are not a public authority in terms of VOB/C, but a private consumer according to Section 13 of the Building Code.

Just search for VOB consumer contract.

Precisely because the VOB is not "balanced" for consumers, the Building Code applies in favor of the consumer.
B
Bieber0815
9 Sep 2016 08:46
Wasn’t it the case that the VOB can be effectively agreed upon if it is handed over (completely)?