ᐅ Uneven screed – defect remediation refused

Created on: 21 Apr 2015 22:19
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EarlyBird
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?
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DG
29 Apr 2015 14:01
This is a standard four-eyes principle and common practice everywhere. A structural engineer designs/calculates, and a different reviewing structural engineer approves it. An architect plans, and another expert/assessor approves it. Both can do the same tasks but are responsible for different phases to ensure that no one approves what they have designed themselves.

Best regards
Dirk Grafe
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Bauexperte
29 Apr 2015 14:16
Dirk was faster
Lexmaul79 schrieb:

And yes, I still don’t understand the point of this – it has nothing to do with the number of posts or the number of posts I have read. You can certainly still present factual arguments – so why turn unconstructive now?

I don’t see where I have become unconstructive? Just because I reminded you that you have written/read many posts with varying content and, admittedly, I assumed that your neurons are working? There is certainly enough information about building contracts in this forum, with very different user experiences.

Best regards, Bauexperte
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Sebastian79
29 Apr 2015 14:40
@Dirk:

A structural engineer for inspections is common in large construction projects – but in single-family home construction, you’ll rarely find one. The same goes for the “four-eyes principle” in architect-led projects – of course, you CAN do it and it certainly doesn’t hurt, except that it costs money. However, it is not a standard practice, and even experts tell you that having an independent expert involved throughout all phases of the construction process is usually unnecessary (I asked two experts beforehand).

But to present the four-eyes principle as the standard? Sorry, that is not reality…

@Bauexperte: I didn’t accuse you of being unprofessional either; it was meant with a wink because you said you couldn’t justify it any further objectively.

This forum mostly involves general contractors or construction management contracts about 90% of the time, where having an independent expert ALWAYS makes sense – but in architect-led projects, you practically never hear about that (in terms of construction supervision).
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Bauexperte
29 Apr 2015 16:25
Lexmaul79 schrieb:

A structural engineer for inspections is common in large construction projects – but in single-family home construction, you rarely find one.
That’s correct; we are currently dealing with one of these special cases.
Lexmaul79 schrieb:

@Bauexperte: I didn’t accuse you of being unprofessional; it was meant with a wink because you said you couldn’t justify it any further objectively.
It read differently to me, so I asked. Objective arguments ... just the fact that lead architects oversee their own work should be reason enough.
Lexmaul79 schrieb:

This forum mostly deals with general contractors or construction management contracts in about 90% of cases, where an expert always makes sense – but you hardly ever hear of one in architect-led projects (in terms of construction supervision).
If you take a look at the Architects’ Association of NRW, you’ll see there are quite a few legal disputes involving architects. This isn’t surprising since people aren’t robots and errors inevitably happen.

I stand by my view – in my experience, having an expert always makes sense, regardless of who the contractor is. When the architect manages the contract, it doesn’t even incur additional costs, as the service phases are simply allocated accordingly.

Best regards, Bauexperte
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Sebastian79
29 Apr 2015 16:43
All good – everyone is entitled to their opinion. For the reasons mentioned above, I do not share it.
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Voki1
29 Apr 2015 22:19
Lexmaul79 schrieb:
All good – everyone is entitled to their opinion. I don’t share it for the reasons mentioned above.

I do.