ᐅ New construction window lintels on the ground floor installed too low
Created on: 10 Oct 2016 12:05
H
Hausbau2k16
Dear forum members, I am new here and have a question for you. I am not looking for blame, but rather helpful advice if possible.
We are currently in the construction phase—a fixed-price contract for a turnkey single-family house—and our house is already standing. The windows are installed, the electrical work is completed, the external insulation and facade are in place, and the interior plaster on the third floor is also finished.
To note, we are total construction novices and have been following the instructions of the builder and the site manager. We have always contacted them when there were issues we wanted to raise. Some were addressed, others are still open, and some were just dismissed. Now, somehow, no one is smiling anymore...
Over the weekend, together with a professional friend, we took some measurements and, how should I put it politely, were somewhat confused. All window lintels (this concerns two windows on one gable and two windows, one on each side of the front door) on the ground floor are installed nearly 20cm (8 inches) too low. It seems the structural builder took the lintel measurement from the floor slab without considering the floor buildup (screed, underfloor heating, tiles). The construction company has been informed and an on-site inspection is planned. It is undisputed that the (major) defect exists. It is also clear to us that the house will not be “torn down” again. It seems equally clear that the builder must address this construction defect in some way. Since demolition and structural alterations (removing windows, raising lintels, redoing the exterior facade, replastering inside, etc.) are certainly not an option, our view is that only a financial compensation remains. We are aware that we can reduce the final invoice. The question is, how much do you estimate we can withhold or apply as a penalty charge? What does fixing such a construction fault typically cost, and what factor can we apply? We are not aiming to withhold the last dollar; a rough estimate with numbers would be very helpful.
I look forward to your comments and informed answers.
We are currently in the construction phase—a fixed-price contract for a turnkey single-family house—and our house is already standing. The windows are installed, the electrical work is completed, the external insulation and facade are in place, and the interior plaster on the third floor is also finished.
To note, we are total construction novices and have been following the instructions of the builder and the site manager. We have always contacted them when there were issues we wanted to raise. Some were addressed, others are still open, and some were just dismissed. Now, somehow, no one is smiling anymore...
Over the weekend, together with a professional friend, we took some measurements and, how should I put it politely, were somewhat confused. All window lintels (this concerns two windows on one gable and two windows, one on each side of the front door) on the ground floor are installed nearly 20cm (8 inches) too low. It seems the structural builder took the lintel measurement from the floor slab without considering the floor buildup (screed, underfloor heating, tiles). The construction company has been informed and an on-site inspection is planned. It is undisputed that the (major) defect exists. It is also clear to us that the house will not be “torn down” again. It seems equally clear that the builder must address this construction defect in some way. Since demolition and structural alterations (removing windows, raising lintels, redoing the exterior facade, replastering inside, etc.) are certainly not an option, our view is that only a financial compensation remains. We are aware that we can reduce the final invoice. The question is, how much do you estimate we can withhold or apply as a penalty charge? What does fixing such a construction fault typically cost, and what factor can we apply? We are not aiming to withhold the last dollar; a rough estimate with numbers would be very helpful.
I look forward to your comments and informed answers.
H
Hausbau2k1611 Oct 2016 17:20ypg schrieb:
It is absolutely not unreasonable.
A responsible citizen is also expected to act responsibly by the higher authority.
I’ll keep it brief: After identifying the defect, a written and proper defect notification must be submitted within two weeks. Even a builder must follow rules and not be negligent – although, of course, solidarity from forum members is usually with the original poster.
The higher authority has to review all parties impartially and does not show any favoritism.Then everything is fine. Since my notification was made in writing within 24 hours after personally measuring and confirming the defect, I am in compliance, and verbal reports are now just empty words. Out of solidarity, I actually shouted to the site manager that the windows are g(kl)ei(n)l.
PS: To briefly address negligence – what exactly are you accusing me of in your emotional statement?
To be honest, I find it positive how objectively the original poster approaches the issue here and believe that the question about the total costs for defect correction is quite justified.
If I were in their position, I would also be prepared in case the contractor gives them the choice between fixing the defects or accepting a lump sum amount. You need to know whether the offer is fair or just a way to brush you off with a symbolic amount.
Regarding defect notices, I just found the following on a website by a construction law attorney:
Legal status 2012
It is disputed and has not yet been clarified by the Federal Court of Justice whether the client can already demand the correction of defects before acceptance under a construction contract governed by the German Building Code (Baugesetzbuch). According to the wording of the law, the client can only assert defect claims after acceptance. So, they must – knowingly – wait until the contractor has finished. If the defect is still present then, they can demand correction. This is not implausible, as it is always possible that the contractor has not yet completed the work and thus defects, or what the client considers defects, can still be remedied according to the contractor’s plan during the course of the work until final completion of the entire project.
If I were in their position, I would also be prepared in case the contractor gives them the choice between fixing the defects or accepting a lump sum amount. You need to know whether the offer is fair or just a way to brush you off with a symbolic amount.
Regarding defect notices, I just found the following on a website by a construction law attorney:
Legal status 2012
It is disputed and has not yet been clarified by the Federal Court of Justice whether the client can already demand the correction of defects before acceptance under a construction contract governed by the German Building Code (Baugesetzbuch). According to the wording of the law, the client can only assert defect claims after acceptance. So, they must – knowingly – wait until the contractor has finished. If the defect is still present then, they can demand correction. This is not implausible, as it is always possible that the contractor has not yet completed the work and thus defects, or what the client considers defects, can still be remedied according to the contractor’s plan during the course of the work until final completion of the entire project.
H
Hausbau2k1611 Oct 2016 18:27Musketier schrieb:
Honestly, I find it positive how objectively the original poster is approaching this, and I think the question about the total cost for fixing the defects is definitely justified. If I were in their position, I would also be prepared in case the contractor offers a choice between repairing the defects or a lump sum payment. You need to know if the offer is fair or just an attempt to brush it off with a symbolic amount. Thanks. Staying objective and, above all, factual—or at least trying to—is honestly difficult. Despite all the rationality, emotions are naturally involved, which can be an obstacle to finding a reasonable solution.
ypg schrieb:
Edit: to clarify again: I’m happy for you to get every thousand, and if the general contractor takes everything on, fine + great!
But it can look very different in court!Hausbau2k16 schrieb:
PS: Just to briefly address the accusation of sloppiness. What exactly are you accusing me of in your emotional statement?I’m not accusing you of anything—let alone emotionally! I’m also a forum member showing solidarity by wishing you every thousand, as you can see from my quoted post above!
But: being right is not the same as getting justice! Just because I wrote in #52 and #55 how things can go in court, it doesn’t mean I think you’re wrong. I advised you not to escalate it further. From my professional experience, I often see how these situations can develop—even if it’s not necessarily civil law... You can take that advice or not—that’s entirely up to you.
You can also read it suspiciously again, like with the U and the fake... whatever...
By the way, I assumed you haven’t submitted a formal notice of defects. It’s nowhere mentioned—unless I overlooked it. You write repeatedly: we informed him, and he waved it off. I don’t see that as a written notice of defects.
I’m out!
ypg schrieb:
It is absolutely not unreasonable.
A responsible citizen is also expected to show responsibility to a higher instance.
I’ll keep it brief: After identifying a defect, a written and proper defect notification must be submitted within two weeks. Even a client must follow the rules and cannot be negligent—even if, of course, the forum members usually sympathize more with the original poster.
The higher authority has to examine all parties involved and does not show partiality. The good thing here is that the contractor can NEVER prove that the client informed the construction company about the incorrect parapet height. If the contractor could prove that, the client would have perfect evidence that the defect was reported and that the contractor should have acted accordingly. Consequently, the construction company would lose the case.
Theoretically, the client could still be partly "at fault" because they knew about the issue but did not insist repeatedly and firmly on it being corrected. This is probably construction law, where contractors often "forget" something. This is unique to Germany as far as I know; I don’t know of any other industry like this. When our customers report an issue, someone goes there immediately to resolve it (classic mechanical engineering). But our customers are not private individuals; they are large companies with many skilled lawyers and so on.
In the pictures, it does not look that "bad" at first glance. Depending on whether kitchen units are installed in front of the kitchen window or not, it might be acceptable. The utility room and guest toilet are really not major issues; the living room issue, I think, is more a matter of “the living room must be perfect.”
Personally, I consider the kitchen window the most important one, especially if the sink and related fixtures are directly in front of it.
However, it does not matter whether you fix 1 or 4 windows—trade contractors will have to return regardless, whether they have to rework just one or four windows.
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