ᐅ Trade contractors do not provide defect remediation for developer-built properties.

Created on: 27 Jun 2020 12:04
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REH63110
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REH63110
27 Jun 2020 12:04
The situation is as follows: We are building with a developer, let’s call them Röhrich for simplicity.

They have subcontracted a local specialist company for the electrical work on site, let’s call them Habicht.

The developer allows the client full freedom in the electrical planning; you can place any switch or outlet wherever you think it’s right, of course against an additional charge.

A few weeks ago, we received a letter from Röhrich stating that the trades are mostly completed and that we can start our own work, such as flooring and wall decoration inside the house, from mid-June.

However, Habicht is not keeping up with fixing the defects in the electrical installation, so we cannot begin our work until these issues are resolved.

So far, there were outlets installed before the drywall was installed, which now obstruct the drywall and need to be moved accordingly, missing outlets, high-voltage cables installed where the core drilling is supposed to go, and several other issues.

The site manager is informed and keeps assuring us every week that the work will be done in the coming days. Habicht is also on site, but work is only done in one place at a time (sometimes not even correctly), while the rest is left aside.

Is there any legal recourse for the client in this situation? We have already paid the electrician the full amount in advance for the requested changes, so unfortunately we cannot withhold any payments.
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ypg
27 Jun 2020 12:20
Formal complaint of defects with proper deadline setting!
tomtom7927 Jun 2020 12:38
Are you sure it’s a developer? Because then there is a payment deadline and a handover date. At the latest from that point on, you have control over the process.
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REH63110
27 Jun 2020 12:39
That is exactly the point: the official final inspection is not until autumn. However, the builder already allows some owner-contracted work to be carried out.
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ypg
27 Jun 2020 12:57
Did the developer build the house on your land, or did you purchase the land from them as well?
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HilfeHilfe
27 Jun 2020 12:57
REH63110 schrieb:

That’s exactly the point—the official final inspection is only scheduled for autumn. However, the developer is already allowing self-performed work to be done.

Classic dilemma with self-performed work! I addressed it right away?!