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
Hausbau2k1612 Oct 2016 10:04Bauexperte schrieb:
Very subtle – I thought the white lines were an intentional hint from you Hey, it’s a solid 5cm (2 inches). Of course, it’s deliberately done that way; in real life, they look quite neat with the exterior plaster. Even the plaster color appears almost bluish in the phone photos, although it’s a classic gray.H
Hausbau2k1612 Oct 2016 10:20Brief update:
I’m sure you understand that I can’t or don’t want to reveal every detail here, as the process is still ongoing. As of today, we expect an offer from the general contractor (GC), and we have set a deadline for mid-next week. Involving our lawyer was the right decision; he specializes in construction law and, after reviewing the case files, was able to give a rough direction, should it come down to a financial settlement. Contrary to some comments, based on his many years of experience, this is purely a matter of negotiation. It’s common to propose a percentage of the total house price as a starting point and then negotiate from there. But as I mentioned before, we are waiting for the GC’s proposed solutions and remain open to both options: defect remediation or financial compensation.
Because there have been questions about the kitchen: we commissioned a highly customized kitchen, which the kitchen fitter (thankfully) can still adjust in height. The GC is, of course, informed about this and includes the adjustment costs in his offer. Contrary to some calls, the kitchen does not need to be lowered by 20cm (8 inches). Incorrect lintel height and final sill height are quite different issues.
Best regards.
I’m sure you understand that I can’t or don’t want to reveal every detail here, as the process is still ongoing. As of today, we expect an offer from the general contractor (GC), and we have set a deadline for mid-next week. Involving our lawyer was the right decision; he specializes in construction law and, after reviewing the case files, was able to give a rough direction, should it come down to a financial settlement. Contrary to some comments, based on his many years of experience, this is purely a matter of negotiation. It’s common to propose a percentage of the total house price as a starting point and then negotiate from there. But as I mentioned before, we are waiting for the GC’s proposed solutions and remain open to both options: defect remediation or financial compensation.
Because there have been questions about the kitchen: we commissioned a highly customized kitchen, which the kitchen fitter (thankfully) can still adjust in height. The GC is, of course, informed about this and includes the adjustment costs in his offer. Contrary to some calls, the kitchen does not need to be lowered by 20cm (8 inches). Incorrect lintel height and final sill height are quite different issues.
Best regards.
H
Hausbau2k1612 Oct 2016 10:23nelly190 schrieb:
I also come from mechanical engineering. It’s handled the same way there. When it comes to important product launches, you can’t just tear everything down again. For the next time, you meet halfway. That’s how it should be. Whether there will be a next time with this main contractor, I don’t know yet. First, I want to actually want to live in my first house. Of course, I understand what you mean.
Hello,
I agree. It doesn’t look too bad. The real question is how tall the OP is and whether it bothers them when looking outside.
Best regards,
Andreas
Payday schrieb:
From the pictures, it actually still looks quite okay. It basically all depends on the kitchen window. And of course the height of the occupants. A 195cm (6 ft 5 in) tall man won’t be happy if he has to bend down just to look outside...
I agree. It doesn’t look too bad. The real question is how tall the OP is and whether it bothers them when looking outside.
Best regards,
Andreas
H
Hausbau2k1612 Oct 2016 10:33andimann schrieb:
Hello,
I see it similarly. It doesn’t look too bad. The question is how tall the original poster is and whether it bothers them when looking out.
Best regards,
Andreas Hello Andreas. Whether it “doesn’t look bad” is a subjective matter, but that should be disregarded. There is a fixed house order with specified dimensions, and something “different” was delivered. That is the main issue here.
To put it another way: You order a new car with leather seats and, due to someone else’s mistakes, you have to settle for cloth seats at the same price. It might not look bad either, right? I’m sure you understand my point.
Hausbau2k16 schrieb:
Hello Andreas. Whether it "doesn’t look bad" is a subjective feeling, but that should be set aside. There is a fixed house order with specified dimensions, and something "different" was delivered. That is the primary issue here.
To put it another way: You order a new car with leather seats but, due to someone else’s mistakes, have to settle for fabric seats at the same price. It might not look bad either, right? You understand what I mean. Of course, this is initially "only" about the appearance and how severely the homeowners feel affected. Even if there were a substantial compensation of €10,000, it would hardly make up for the fact that every time you look out the window, you see the wall and that you might still be annoyed about it 20 years from now. The resale value will also decrease, so you deal with this frustration for 20 years, while the savings are later lost due to a lower selling price.
If the homeowners cannot accept the windows being installed too low, no financial offer will be accepted. And that is what this is about in the first place.
If both homeowners are 1.75 meters (5 ft 9 in) tall and do not plan to build again in 20 years, a generous compensation might be acceptable.
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