ᐅ Final Inspection: What Special Considerations Should You Keep in Mind?
Created on: 23 Nov 2016 13:37
A
andimann
Hi everyone,
Our final inspection is scheduled for next Tuesday. We’ve already been spending a lot of time in the house and have put up several notes on the walls outlining what still needs to be done.
Tomorrow, I will do a preliminary inspection with our building expert, who will also be present next Tuesday.
So far, aside from my discussion with the general contractor about the missing external blinds (the plasterers are currently applying the fine plaster, so I’m hopeful this issue will be resolved), there are only two major points and a lot of minor issues, like missing tiles here and a stain on the wall there.
As I mentioned, the building expert will be with us and, of course, the standard checklists are ready!
But my question to the group: Have you noticed any problems during or after your final inspection that weren’t covered by any checklist? For example, a colleague of mine had issues with sagging shutter boxes—however that happens.
Thanks and best regards,
Andreas
Our final inspection is scheduled for next Tuesday. We’ve already been spending a lot of time in the house and have put up several notes on the walls outlining what still needs to be done.
Tomorrow, I will do a preliminary inspection with our building expert, who will also be present next Tuesday.
So far, aside from my discussion with the general contractor about the missing external blinds (the plasterers are currently applying the fine plaster, so I’m hopeful this issue will be resolved), there are only two major points and a lot of minor issues, like missing tiles here and a stain on the wall there.
As I mentioned, the building expert will be with us and, of course, the standard checklists are ready!
But my question to the group: Have you noticed any problems during or after your final inspection that weren’t covered by any checklist? For example, a colleague of mine had issues with sagging shutter boxes—however that happens.
Thanks and best regards,
Andreas
fach1werk schrieb:
A big thank you to all of you from Gabriele, who benefits greatly from this thread because the final inspection is today.
I printed out Otus11’s post and will take it with me.I wanted to link you to this thread yesterday but forgot...
Good luck!
Regards
Hi everyone,
a quick question:
Are there any special formulations that need to be observed? Or can I simply write:
"Acceptance with reservation of rights according to §634" and that’s it?
Kind regards,
Andreas
a quick question:
Otus11 schrieb:
(2) If the client accepts a defective work according to paragraph 1 sentence 1, even though they are aware of the defect, their rights specified in § 634 numbers 1 to 3 only apply if they reserve their rights regarding the defect at the time of acceptance.
Are there any special formulations that need to be observed? Or can I simply write:
"Acceptance with reservation of rights according to §634" and that’s it?
Kind regards,
Andreas
The law you quoted basically states that any defects known to you (for example, your exterior plastering has not yet been completed) must be documented in writing during the final inspection. Defects discovered only after handover are not covered by this.
The law is generally quite straightforward, as long as you formally note all known defects during the final inspection. For this purpose, there is a handover report which, in our case, the construction manager prepares during the walkthrough. EVERY defect you mention must be included in this report, regardless of whether the construction manager says, "we already have a plan for that" or not. If a defect is not documented there, even if you told them about it, the law states that it is no longer considered a defect (provided the construction manager or company can prove you were aware of it).
If you have built with a reliable company, there should be no issues with resolving minor defects. Major problems cannot be hidden anyway or will only become apparent after handover.
The law is generally quite straightforward, as long as you formally note all known defects during the final inspection. For this purpose, there is a handover report which, in our case, the construction manager prepares during the walkthrough. EVERY defect you mention must be included in this report, regardless of whether the construction manager says, "we already have a plan for that" or not. If a defect is not documented there, even if you told them about it, the law states that it is no longer considered a defect (provided the construction manager or company can prove you were aware of it).
If you have built with a reliable company, there should be no issues with resolving minor defects. Major problems cannot be hidden anyway or will only become apparent after handover.
andimann schrieb:
Are there any specific phrases that should be used here? Or can I simply write:
"Acceptance subject to rights under §634" and leave it at that?
For example:
"Acceptance is made with reservation of all rights regarding the documented defects."
Your sentence works as well, provided it is a contract under the Construction Code. The only thing missing is the reference to the Construction Code under Section 634.
Payday schrieb:
The law is basically harmless as long as you document all known defects in writing during the handover.No, the law is actually strict in this regard: No rights without reservation!
Just noting things is not enough.
In practice, reasonable companies handle this reasonably.
The acceptance statement has several consequences:
** Payment becomes due
** The performance phase ends, and the warranty phase begins
** The limitation period starts
** The burden of proof (in litigation) for defects reverses (!)
By accepting, you basically say, "Okay, this is fine."
Therefore, any defects visible at (!) the time of acceptance should also be addressed at (!) acceptance, not afterward.
If there are minor defects, you would say something to the effect of:
"Okay, this is fine except for... I expect this to be corrected contractually by..."
Legally, this is still the original performance claim.
Defects after acceptance fall under warranty claims.
And yes, just as important as the reservation:
Record defects clearly in the acceptance protocol!!!
Do not let yourself be talked out of it and insist on this.
The general contractor may dispute the defect—either later or possibly immediately in the protocol.
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