Hello dear forum,
I need your advice on the following matter:
Last year, I had a house built through a general contractor. The contract did not include a canopy above the front door. Therefore, this year I arranged for a local craftsman to install a canopy, which I had configured and ordered through an online retailer. The installation by the craftsman was agreed upon separately.
When the craftsman was about to start the installation, I pointed out that there were cables in the area where the canopy would be mounted. I showed him a photo of the exterior wall before the plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "OK, let's do it that way." Unfortunately, it later turned out that a cable was still drilled into.
The craftsman’s position:
He claims no fault on his part, since I instructed him to install the canopy at that position. He could not have known that a cable was also located there. He places the responsibility on me as the client.
My position:
I am a layperson and have no knowledge of the exact methods for canopy installation or the usual rules for routing electrical wiring. Therefore, I am not able to assess a sensible mounting position. I saw the craftsman’s suggestion as expert advice, which I accepted. If something goes wrong, then he is the one responsible.
Since this might involve significant costs, I would be grateful for advice, possibly including references to legal principles.
I need your advice on the following matter:
Last year, I had a house built through a general contractor. The contract did not include a canopy above the front door. Therefore, this year I arranged for a local craftsman to install a canopy, which I had configured and ordered through an online retailer. The installation by the craftsman was agreed upon separately.
When the craftsman was about to start the installation, I pointed out that there were cables in the area where the canopy would be mounted. I showed him a photo of the exterior wall before the plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "OK, let's do it that way." Unfortunately, it later turned out that a cable was still drilled into.
The craftsman’s position:
He claims no fault on his part, since I instructed him to install the canopy at that position. He could not have known that a cable was also located there. He places the responsibility on me as the client.
My position:
I am a layperson and have no knowledge of the exact methods for canopy installation or the usual rules for routing electrical wiring. Therefore, I am not able to assess a sensible mounting position. I saw the craftsman’s suggestion as expert advice, which I accepted. If something goes wrong, then he is the one responsible.
Since this might involve significant costs, I would be grateful for advice, possibly including references to legal principles.
T
Traumfaenger2 Sep 2021 22:41I am not a lawyer, but what you discussed in private is no longer objectively verifiable. However, when I properly hire a tradesperson for such work, I expect them as a professional to fulfill their duty of care and to be liable or insured in case of any damage. Of course, if it was a low-cost unregistered worker from a gig platform or classified ads, they probably won’t be insured or liable in any way.
On one hand, just as @Traumfaenger says.
On the other hand:
…this is where the crux of the matter lies.
On the other hand:
drno1234 schrieb:
I pointed out to him that there are cables in the area of the fastening. I showed him a picture of the exterior wall before plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "ok, let's do it that way."
drno1234 schrieb:
I am an amateur.
drno1234 schrieb:
Therefore, I cannot assess what would be a sensible mounting position.
…this is where the crux of the matter lies.
H
HilfeHilfe3 Sep 2021 07:31How do you now conclude that a cable was punctured?
Have you already asked Elli about the cost and how it can be resolved?
Have you already asked Elli about the cost and how it can be resolved?
Before drilling holes in the wall where you suspect there might be cables, you could use a wire detector to be sure. It costs 20 euros.
That’s the only thing you could have expected from either side.
Otherwise, I don’t see any reason why anyone should be held responsible for this cable.
You showed him the plans; if the cables are located somewhere else, you should have known that since you were present during the construction.
Everything else is just bad luck.
That’s the only thing you could have expected from either side.
Otherwise, I don’t see any reason why anyone should be held responsible for this cable.
You showed him the plans; if the cables are located somewhere else, you should have known that since you were present during the construction.
Everything else is just bad luck.
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