ᐅ Mold on wood/structural frame—Is it possible to withhold payment from the progress invoice?

Created on: 8 Feb 2014 17:54
I
italiano83
Hello,

our shell construction has been completed since December, and the windows are currently covered only with protective film.
Since we have a flat roof, there is the possibility to convert the attic later on.
Therefore, the ceiling above the staircase was closed off with a wooden structure.
The vapor barrier and the flat roof have been completed.

No interior walls and nothing plastered yet. For 2 months, there was still water standing in the basement up to 5cm (2 inches).
Because the windows are covered with film, there was heavy condensation inside during December and January.
Now I have noticed that mold spores are appearing around the roof hatch.
Just yesterday, the second interim invoice arrived, which should be paid within the next 10 days.
That’s 150,000 euros. The first payment was 140,000 euros (there are 7 in total).

Can I deduct something from the invoice amount and demand that the defect be fixed before I pay?
We are building a turnkey house.
Should I get an independent expert to assess the situation?
What do you think?

In my neighbor’s semi-detached house, the mold infestation is even worse...

Thanks for your help.
I
italiano83
9 Feb 2014 18:55
Yes, I also believe it is just surface mold. Most likely because the house has been sealed with plastic sheets for weeks and has experienced significant condensation inside. I will consult an expert as there are other questions, also from my neighbors who are building at the same time. I will report back as soon as I know more. Maybe at a later time, someone else will have had the same experience as me.
B
Bauexperte
10 Feb 2014 11:14
Hello,
italiano83 schrieb:

Can I deduct something from the RG amount and require that the defect be fixed before I pay?
We are building a turnkey house.
Should I hire an independent expert?
What do you think?

It almost seems pointless to answer, since you have apparently not followed the recommendations regarding water ingress in the basement from the above-mentioned link.

A word about the payment schedule, even though it is not the main topic of discussion. The real estate agent and developer regulations refer to 7 payment installments; that is correct. However, your percentage breakdown does not exactly represent the most client-friendly solution; with this model, the developer “has their ducks in a row,” while the subcontractors may lose out in case of doubt.

Whether a retention is possible in this context, I cannot answer as I do not know your construction contract. One thing is certain: as a construction layperson, which you undoubtedly are, you should not rely entirely on a third party without professional construction supervision. Such supervision will also tell you whether it is airborne mold – which, by the way, is not as harmless as you might assume, since the spores spread through the air – or something else; and, if necessary, support you in further negotiations for its remediation with your developer.

Best regards,
Bauexperte
Der Da10 Feb 2014 11:23
Make sure your house can dry properly. Sealing it with plastic sheeting is not a good solution.

It won’t improve the situation that way.

Get an expert who can assess your house, preferably someone knowledgeable about mold.
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italiano83
10 Feb 2014 11:35
Over the weekend, I pumped and vacuumed out the water, and as of today, the basement is completely dry on the surface. However, the walls still must be damp.

The window film hasn't been sweating either for some time because one window and the doors have been open for three weeks now.

As I mentioned before, I will consult a professional.
@Bauexperte
I followed the advice from the old thread.
So there’s no reason to bring heat in here.
J
JanWichmann
10 Feb 2014 18:53
I consider this to be quite common surface mold, which can be found on almost every second construction site. (I work as an electrician.)
I would primarily contact your site manager (not by email! Call and arrange an appointment) as most issues can be resolved this way,
since every expert wants to be paid.
I
italiano83
10 Feb 2014 19:58
JanWichmann schrieb:
In my opinion, this is just common surface mold, the kind you find on almost every second construction site. (I work as an electrician). I would first contact your site manager (not by email! Call and arrange an appointment) because most issues can be resolved this way, as every expert wants to be paid.

Thank you for your input. That reassures me a bit. I reported it to the architect today by email. In my opinion, these things should always be documented with photos. I think he will get back to me this week. I don’t want to pressure him too much right now. I’m also holding off on contacting an inspector for now. My neighbor (semi-detached house) submitted a written report on Saturday.

There will be drafts for the next 5 weeks since the windows will only be installed then.