ᐅ Uneven screed – defect remediation refused

Hello everyone, I hope this is the right place for my question:

We have an uneven screed. It rises by 35cm (14 inches) over a distance, dropping more than 10mm (0.4 inches) towards the wall. Assuming this defect is undisputed. The floor covering was installed on the uneven surface. Although the uneven floor was noticed, it was not recognized as a construction defect (lack of knowledge about the situation).

After realizing the issue, the defect was reported to the construction company (by email). However, the company refused to fix the problem, stating that nothing could be done since the floor covering was installed without first checking the floor.

Is this correct? Is the company no longer responsible for repairing this defect? Or is it possible that the company must fix the defect but is not obliged to cover the costs of reinstalling the floor covering?

In our case, the tiler checked it first, and only then was the screed company allowed to make corrections. The tiler didn’t start until after that. I can’t say if this is generally the standard procedure.
Who installed the flooring?

In cases involving flatness issues, our company always referred to DIN 18202 (Tolerances in Construction). I believe this standard covers the screed and the finished floor covering. Unfortunately, I don’t have the standard on hand. Try to look up the standard online. If the screed is outside the specified tolerances, I would use that as an argument!

That sounds really frustrating. I would immediately consult a specialist construction lawyer, because it seems like the contractors are passing the blame onto each other. Warranty claims in construction are complicated, and even though I consider myself somewhat knowledgeable and might be able to argue my case without a lawyer, I would never proceed without at least discussing the situation with a construction attorney first.

The fact is: both parties failed – the screed installer didn’t meet the tolerance requirements, the floor layer accepted it without checking, and if you had building supervision on site, it seems they failed as well … yet you are expected to bear the cost. However, if you didn’t have building supervision and took on that responsibility yourself, you will almost certainly be held partly liable.

Normally, there should be a formal handover between trades, meaning the floor layer should only start work after the preceding trade, which their work relies on, has been accepted or approved. Whether this is always done or properly documented is another matter, but the principle is that you cannot simply accept defective work if you are professionally capable of detecting or inspecting it.

You could debate the specifics endlessly, but I believe you will struggle to get anywhere without a lawyer. After consulting one, I might give this a final opportunity by sending both contractors a written notice with a deadline, requiring them to respond in writing and provide a scheduled plan for damage remediation—without questioning whether they are responsible (both of them are!), but only asking when the damage was reported to their liability insurance and when the free repairs will be carried out. Possibly send a copy directly to the insurers if you have their details.

If the deadline (no more than 14 days) passes with no meaningful response, I would hand the case over to a lawyer at the latest.

Best regards
Dirk Grafe

Hello,

for an early bird, you are taking quite a long time to respond to posts

EarlyBird schrieb:

We have an uneven screed. Over 35cm (14 inches) it slopes by more than 10mm (0.4 inches) away from the wall.

Is it sloping down by 10mm (0.4 inches) or rising? Over the last section of 35cm (14 inches) or continuously from wall to wall?

EarlyBird schrieb:

Let’s assume the defect is undisputed.

Who is "we"? I still see it differently

EarlyBird schrieb:

The floor covering was installed on the uneven floor. The uneven floor was noticed but not recognized as a construction defect (lack of knowledge of the situation).

Confident statement despite complete lack of knowledge of the situation?

EarlyBird schrieb:

After recognizing the situation, the defect was reported to the construction company (by email).

Wrong twice; I (perhaps) may not recognize a defect yet, and a smart client does not send a defect notification by email!

EarlyBird schrieb:

The construction company refused to fix it, stating that nothing can be done because the floor covering was installed without the subfloor being checked beforehand.

That closes the circle... maybe, presumably, finally?

Please provide more details about the deviations in the screed you are describing and also about the specifics of your contract: general contractor / construction management or award via architect.

Regards, Bauexperte

Good evening,

thank you very much for all the constructive responses.

I would like to clarify my inaccurate or incorrect descriptions:

The screed rises by 10 mm (0.4 inches) over the last 35 cm (14 inches) towards the wall. If I have understood the mentioned DIN standard correctly, this is not permissible, so I (we—my wife and I in this case) consider this to be a construction defect. The person who appeared completely unaware of the situation was myself. The floor consists of parquet installed as a DIY project. The construction was carried out by a prefabricated building company.

Better?