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!
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!
B
Bauexperte9 Sep 2016 10:51Bieber0815 schrieb:
Wasn’t it the case that the VOB can only be effectively agreed upon if it is (completely) handed over? Yes, it actually must be, otherwise the VOB is considered not effectively agreed upon.
Best regards, Bauexperte
B
Bieber08159 Sep 2016 11:52Otus11 schrieb:
Precisely because the VOB is not "balanced" in favor of consumers, the Building Code applies in favor of consumers.Bauexperte schrieb:
Yes, it even must, otherwise the VOB is considered not validly agreed upon.To avoid misunderstandings. Yes, it is possible to validly agree on the VOB with a consumer, and then the rules of the VOB also apply. Is this statement correct?
Not so absolute.
If a consumer is a contracting party, the content control of general terms and conditions (GTC) under the Building Code is applicable as a corrective measure and takes precedence. It may invalidate clauses that are disadvantageous to consumers.
*Edit:
Simply handing over the documents is not sufficient for inexperienced consumers. The contractor must also fully inform the client about the disadvantages and be able to prove that this information has been provided. In particular, the client must agree to the inclusion of the general terms and conditions (in this case: VOB/B) (§ 305 II Building Code).
The VOB are not legal regulations or laws, but general terms and conditions that must be explicitly agreed upon as such. The VOB are intended for experienced parties in construction. In my opinion, handing over the VOB does not convey this experience. As general terms and conditions, they are subject to content control according to § 307 of the Building Code.
For further study, copy and search for this—well explained and comprehensive:
7th Building Law Symposium of the Dresden Chamber of Skilled Crafts vob
The presentation also addresses the reduction from 5 to 2 years and maintenance at the end.
Since, in the case of the original poster, the VOB was modified and not agreed upon 1:1, the Building Code applies in his favor again, meaning the standard 5 years for the building structure.
If a consumer is a contracting party, the content control of general terms and conditions (GTC) under the Building Code is applicable as a corrective measure and takes precedence. It may invalidate clauses that are disadvantageous to consumers.
*Edit:
Simply handing over the documents is not sufficient for inexperienced consumers. The contractor must also fully inform the client about the disadvantages and be able to prove that this information has been provided. In particular, the client must agree to the inclusion of the general terms and conditions (in this case: VOB/B) (§ 305 II Building Code).
The VOB are not legal regulations or laws, but general terms and conditions that must be explicitly agreed upon as such. The VOB are intended for experienced parties in construction. In my opinion, handing over the VOB does not convey this experience. As general terms and conditions, they are subject to content control according to § 307 of the Building Code.
For further study, copy and search for this—well explained and comprehensive:
7th Building Law Symposium of the Dresden Chamber of Skilled Crafts vob
The presentation also addresses the reduction from 5 to 2 years and maintenance at the end.
Since, in the case of the original poster, the VOB was modified and not agreed upon 1:1, the Building Code applies in his favor again, meaning the standard 5 years for the building structure.
Many thanks for the detailed legal answers.
In my case, it even states that a copy of the VOB/B was handed over, but I did not receive anything; there was never any instruction or clarification.
As I understand it, the 5-year warranty applies even without a maintenance contract, BUT not for parts of mechanical, electrical, or electronic systems where maintenance affects safety and functionality.
Do I have to conclude the maintenance contract exclusively through the general contractor (GC)?
Is the GC obliged to offer me such a contract in order to maintain the 5-year warranty?
In my case, it even states that a copy of the VOB/B was handed over, but I did not receive anything; there was never any instruction or clarification.
As I understand it, the 5-year warranty applies even without a maintenance contract, BUT not for parts of mechanical, electrical, or electronic systems where maintenance affects safety and functionality.
Do I have to conclude the maintenance contract exclusively through the general contractor (GC)?
Is the GC obliged to offer me such a contract in order to maintain the 5-year warranty?
B
Bauexperte10 Sep 2016 21:41Momad schrieb:
As I understand it, even without a maintenance contract the 5-year warranty applies, BUT not for parts of mechanical, electrical, or electronic systems where maintenance affects safety and functionality. Now you got it...!
Momad schrieb:
Do I have to take out the maintenance contract exclusively through the general contractor? No.
Momad schrieb:
Is the general contractor required to offer me such a contract in order to maintain the 5-year warranty? No. You conclude the contract yourself—if you want to (but I think it's advisable)—with the company carrying out the work (a subcontractor of the provider).
Regards, Bauexperte
Similar topics