ᐅ Final inspection of new construction despite missing heat pump. Is this a major defect?
Created on: 18 Sep 2022 17:35
H
HessamA
Hello dear forum members,
In March 2021, we purchased a house from a developer under a standard developer and broker contract. The handover is scheduled for September 28, 2022. The contractually agreed deadline is September 30, 2022. In a letter regarding the handover, the developer noted that the heating system will not be fully completed by the handover date and that we will have to work with temporary solutions. He did not specify exactly what is missing or what these temporary solutions involve. However, based on verbal statements, we know that the heat pump is missing. Isn’t the absence of the heat pump a significant defect that would justify refusing the handover? I have the impression that the developer wants to push through the handover before the deadline to avoid possible damage claims.
Thank you in advance for your help.
In March 2021, we purchased a house from a developer under a standard developer and broker contract. The handover is scheduled for September 28, 2022. The contractually agreed deadline is September 30, 2022. In a letter regarding the handover, the developer noted that the heating system will not be fully completed by the handover date and that we will have to work with temporary solutions. He did not specify exactly what is missing or what these temporary solutions involve. However, based on verbal statements, we know that the heat pump is missing. Isn’t the absence of the heat pump a significant defect that would justify refusing the handover? I have the impression that the developer wants to push through the handover before the deadline to avoid possible damage claims.
Thank you in advance for your help.
kati1337 schrieb:
Yes, exactly, that’s what my question was about. This was a house inspection—why didn’t you have power?Because the electrician became ill at short notice and they couldn’t connect the power yet. That was the explanation.
HessamA schrieb:
Because the electrician suddenly fell ill and therefore they cannot connect it yet. That was the reason.I thought this was only about the heat pump? It shouldn’t have anything to do with your power outlets or roller shutters, right? Or am I completely misunderstanding? You should have an electrical panel and a main supply line going into that panel, and everything else is connected from that panel. So the absence of the heat pump doesn’t necessarily explain a complete lack of electricity, does it?
kati1337 schrieb:
I thought this was only about the heat pump? That shouldn't have anything to do with your power outlets or roller shutters, right? Or am I completely missing something?
You should have an electrical distribution board, and a main supply cable that goes into the distribution board, and everything else runs from there. So the absence of the heat pump doesn't necessarily explain the complete lack of electricity? You are absolutely right of course. I just assumed that the electrician’s absence was related to the missing power supply. I don’t know much about the technical side, so I figured the electrician wasn’t able to connect it...
HessamA schrieb:
We rejected the final inspection. The inspection report was not signed by any of the parties. HessamA schrieb:
We withheld the 5% security retention (he had invoiced us for this), and the final installment F) under the broker and developer contract is still outstanding (due upon completion). In my view (though I am not a lawyer), this is not sufficient, because from the documentation perspective, it only appears as a missed appointment on your part. Your witness should confirm that you were present and describe how the appointment proceeded (so that the report is signed, or if necessary, supplemented with additional notes to fully reflect the situation). You should then make a copy of this and have it notarized. This way, it will be verifiable later that the appointment was unsuccessful.
allstar83 schrieb:
I think you should formally hand over the matter with a deadline. Then it’s his turn again. You can do this firmly but politely and remain in contact. I agree, that is the right approach. The contractor must be formally notified of the failure to achieve the agreed handover condition, and it must be clarified that installment F is not yet due. Otherwise, I see a risk of him taking legal action against you for what he sees as your default.
HessamA schrieb:
Because the electrician was suddenly ill and therefore they could not complete the connection yet. That was the explanation. *ROTFL* I’m not paying any invoices anymore just because my banker is sick :-)
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
11ant schrieb:
From my point of view (although I am not a lawyer), this is not sufficient because, based on the case files, it only appears as if you simply missed the appointment. Your witness should confirm that you were there and describe how the appointment went (that is, sign the protocol if, where applicable, it is complete through an addendum to the pre-printed content). You then make a copy of this and have it officially certified. This way, it can later be proven that the appointment was unproductive.
That is also how I see the correct procedure. The contractor must be formally notified of the failure to achieve the agreed-upon readiness for occupancy and the fact that the payment installment F has not yet become due. Otherwise, I see the contractor possibly taking action against you for your alleged delay from their point of view.
*ROTFL* I’m not paying any invoices anymore because my banker is sick 🙂 When we informed him that we did not consider the property ready for occupancy and refused to accept it due to the large number of defects and the inability to verify the functioning of heating, electricity, and hot water, he then stated that this meant the acceptance was concluded and no one would sign. Our expert simultaneously had a protocol prepared by his assistant, documenting all defects alongside the protocol prepared by the builder. He only said that, in his opinion, the property was ready for occupancy. When we suggested that acceptance could proceed if a reasonable deadline was set for completing the work, he only replied that the acceptance was finished.
HessamA schrieb:
Our expert also had a report prepared by his assistant, documenting all defects alongside the report created by the developer. It should also be explicitly mentioned again that the contractor left the meeting in disagreement.
HessamA schrieb:
When we informed him that we did not consider the property ready for occupancy and refused to accept it due to the large number of defects and the inability to verify the functionality of the heating, electrical system, and hot water, he said that the inspection was over and no one would sign. [...] He only stated that, in his opinion, the property was ready for occupancy. When we proposed that an acceptance could take place if a reasonable deadline was set to complete the work, he simply said that the inspection was finished. As an expression of differing (and probably irreconcilable without legal support) views, that alone would be enough for me to conclude that head-to-head confrontation and hoping for mutual understanding would be risky. From pure observation, I do not see you reaching an agreement. Mediation is preferable to confrontation, but this will not proceed without lawyers.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Similar topics