ᐅ Incorrect Foundation Leading to High Follow-Up Costs

Hello Forum!

We hired two different companies for building a carport: Company A was responsible for the foundations, and Company B for the carport itself.

It started with Company A not installing the foundations according to the plan. They were positioned so far outward that the base plates could only be half mounted.

This only became apparent when the installers from Company B arrived on site. For the installation delay, Company B wanted to charge for 2–3 hours of labor.

After calling on the same day, Company A came the next day and extended the foundations in the correct direction. This involved excavating the ground, chamfering the old foundation, and filling the new foundation with fast-setting concrete.

However, Company A requested an additional payment X for this and “as a gesture of goodwill” reduced it to 50%.

One day later, Company B sent an invoice that was much higher than expected. They charged for 6 hours of labor instead of the verbally indicated 3 hours per installer, plus a flat fee of €3 per kilometer (including tax) for travel to and from the site.

This amount was immediately communicated to Company A. Their response was only regret and the information that they no longer have professional liability insurance that could cover this.

We are slowly getting desperate and don’t know what to do.

Does anyone have advice on who is actually responsible for which payments and who we should contact?

Many thanks!

meinhaus2020 schrieb:

First of all: the foundations had to be commissioned from Company A, and the carport from Company B.

Why is that?

meinhaus2020 schrieb:

Because Company A no longer has professional liability insurance that could cover this.

What kind of company is that? Where did you find them? Have you already paid?

Liability applies regardless of whether there is insurance coverage. Company A cannot simply avoid responsibility that easily. The key question is whether there are assets to claim or if the company is already insolvent. If the company is not insolvent, the next step is to consult a specialist lawyer.

ypg schrieb:

Why is that?

Because Company B does not produce foundations, we had to go with Company A.

What kind of company is that? Where did you find them? Have you already paid?

A is a small local company with only a few employees. And yes, we have already paid.

WilderSueden schrieb:

Liability exists regardless of whether there is insurance coverage. Company A cannot simply avoid responsibility. The key question is whether there are assets to claim against or if the company is already insolvent. If the company is not insolvent, the next step is to consult a specialist lawyer.

So, the company is liable with its own assets because no insurance can cover this?

But is that only for the correct construction of the foundations, or also for the additional costs incurred beyond that?

Company B charges 6 hours per technician just to find out that the foundations are incorrect? Sorry, but the very first thing the foreman does after getting out of the vehicle is to measure the foundations. Then he knows whether he can install the carport or not.

If they still decide to try anyway, that’s their problem, not yours. The carport installers are the professionals and must be able to determine whether it makes sense or not. If it doesn’t, it’s poor workmanship, just like with contractor A, and you don’t have to pay for that.

Whether it’s worth getting anything from company A... if at all, then only after a few years. Until then, you’ll have to manage without a carport and pay your lawyer in advance. If company A decides to go bankrupt in the meantime, the money is lost, including the money for the lawyer.

Did you measure the carport dimensions yourself?
Tip for next time: after the work is completed, measure yourself roughly to see if it’s accurate—within a centimeter (half an inch), not millimeters.

I also trusted my groundworker and now have leaking rainwater pipes underground…
Never trust a craftsman blindly…