ᐅ Request missing equipment and hydraulic separator after inspection

Good morning,

this is our situation.
We took over our house as free of defects almost exactly one year ago. Unfortunately, I only noticed after the handover that the hydraulic separator guaranteed in the construction contract was not installed.
Basically, our underfloor heating system works, as the internal pump of the condensing boiler manages it at 100% capacity and correspondingly high flow temperatures. However, we plan to convert the attic later on, which will add another 80 m² (860 ft²) of underfloor heating to the existing 120 m² (1,290 ft²) on the ground floor. The internal pump will definitely be overloaded with this increase.
I requested the general contractor to retrofit the hydraulic separator as a missing contractual component, but they argue that since the house was accepted as free of defects, the hydraulic separator is not necessary.
I still have a small outstanding balance of the house price to pay. Can I withhold this payment because contractual components are missing, or must I pay since the house has already been accepted?

Best regards

You paid for that according to the contract. It’s like discovering after one year that your Audi is missing 20 HP, and the manufacturer just says tough luck.

You should consult a specialist lawyer and demand the missing performance (or a price reduction).

Is the withheld amount sufficient to hire an external contractor to retrofit the part? If so, I would present this option to the construction company for their decision.

Furthermore, such a component seems to me to be a hidden defect.

By accepting the work, you certify to the general contractor (GC) that they have fulfilled their contractual obligations, and the final payment becomes due. The claim for performance against the GC expires. By the way, if a house handover is completed without reservations or defects, the person accepting the work is probably not an expert...

Knallkörper schrieb:
By signing the handover certificate, you confirm that the general contractor (GC) has fulfilled their contractual obligations, and the final payment becomes due. The claim for performance against the GC then expires. By the way, if a house handover is accepted without reservations or defects, the person accepting it is probably a layperson...

I would like to see a court ruling where such a decision was made.

I would be interested as well.