ᐅ Construction supervision by an expert/inspector

Created on: 11 Sep 2012 09:39
M
Musketier
Musketier11 Sep 2012 09:39
We involved a construction supervisor/inspector quite early on, and that turned out to be a good decision.
He negotiated several points before the building contract was signed that we would never have thought of ourselves.
He reviewed all the documents (planning documents, building contract, etc.) promptly and would have compared the planning documents from different companies for us if we had wanted. Over time, a layperson can start to understand the differences between various planning documents, but it’s not possible to quantify these differences or accurately compare the figures in the bottom right corner.

On the construction site, as a layperson, you have no arguments, so you need expert knowledge who can also refer to standards when negotiating with the professionals. Any respectable general contractor/managing contractor recognizes this. The only risk I see is that the site manager might visit less often, assuming "the owner’s construction supervisor will handle it."
H
Häuslebauer40
11 Sep 2012 10:50
Projekt 2012 schrieb:
Hello everyone,

I have clearly understood how useful this is! But I have some practical questions:

1) Who has the final say in disputed matters (site manager/general contractor or expert), and what authority does the expert or the homeowner have to ensure their opinion is considered and implemented? The site manager/general contractor can insist that they are right and responsible for what they build... so ultimately they decide. How is this decided in practice? Is it based on proof and counter-proof according to DIN standards, or how should I imagine this?

Ultimately, as the homeowner, you have the right to a defect-free house built according to current technical standards. The expert can accompany you and provide the expertise you lack, point out potential defects before and during the construction phase, and help you assert these against the general contractor and ensure they are corrected. However, if the general contractor refuses to cooperate, the expert cannot do much for you, as they are an independent consultant hired by you. Likewise, the general contractor could hire their own expert who might claim the opposite. If it gets to that point, it will inevitably lead to a dispute, which no one wants.

2) Doesn’t appointing an expert already create conflict, since it signals to the tradespeople or site manager that you don’t trust their work? And a lack of trust is not a good basis for cooperation...

Regards,

Projekt 2012

A reasonable general contractor or builder will welcome the involvement of an independent construction monitor appointed by the homeowner rather than resent it. This way, defects are identified promptly during the construction phase and can usually be fixed without much hassle. This helps avoid potential conflicts. As the seller once said to me: "those will be the best houses..." A company that reacts negatively from the start when you want to involve an external expert is one I would avoid.
B
Bauexperte
11 Sep 2012 11:07
Hello,
Projekt 2012 schrieb:

The construction manager/contractor can insist that he is right and that he must stand behind what he builds... and therefore ultimately decides... How is this decided in practice... Is it based on evidence and counter-evidence using DIN standards, or how should I imagine it?

Basically, there are many ways to Rome; however, all must comply with the state of the art valid at the time the contract was signed.
Projekt 2012 schrieb:

2) Isn’t the appointment of an expert already “inviting conflict,” since it signals to the tradesmen or construction manager that you don’t trust their work... And lack of trust is not a good foundation for cooperation...

A reputable builder will welcome having an additional pair of eyes on the site and definitely will not assume premature distrust. If your builder reacts similarly – meaning he responds gruffly to your suggestion – you should all the more consider appointing an expert.

Kind regards
P
Projekt 2012
11 Sep 2012 20:22
Thank you all for your contributions!
Häuslebauer40 schrieb:
If the builder naturally refuses to cooperate, your expert won't help either, since they are a private appointee hired by you. Likewise, the builder can hire someone else who claims the opposite.

And that exactly gets to the heart of my question!
1) Can the builder refuse to cooperate and insist on their method of execution, even when it is clearly proven that there is a defect?

2) Is it even possible to clearly prove what is right or wrong, or are there generally "grey areas" in how work should be carried out?

Regards
H
Häuslebauer40
11 Sep 2012 23:13
Projekt 2012 schrieb:
Thank you all for your contributions!



And that exactly hits the core of my question!
1) Can the contractor refuse to change their method if it is clearly proven that there is a mistake?

2) Is it even possible to clearly prove what is right or wrong, or are there generally “gray areas” in how something should be done during construction?

Regards

I actually thought I had made it quite clear.
“Proven” only happens in a court trial, and then an expert appointed by the court has the final say. But ideally, it shouldn’t get to that point.
The contractor can, in theory, do whatever they want regardless of what the expert you hired says, as long as they are convinced that their approach is correct, complies with the state of the art, and is within the standards.
Again: the expert you hired is, legally speaking, your private consultant whose statements have no legally binding effect. The contractor can follow them (if they are reasonable and your expert is not incompetent, they usually will), but they don’t have to.
Of course, there are also “gray areas” within the tolerances often specified by standards such as DIN. These tolerances are sometimes quite broad for certain trades.
P
Projekt 2012
12 Sep 2012 20:34
Thank you, everything is clear now!

Best regards