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.
S
SaniererNRW12319 Sep 2022 11:16HessamA schrieb:
What is your opinion on this?I find that reasonable. It makes sense to document in writing the topic of heat pumps and the costs for the electric heating. Everything else is indeed difficult to put in writing, but you are welcome to draft a letter. Basically saying, “I would like to summarize our conversation as follows...”W
WilderSueden19 Sep 2022 11:18HessamA schrieb:
What is your opinion on this?I think that is fair and reasonable. As far as I understand, it doesn’t put you at any disadvantage either. I would definitely withhold the last 5% until everything is in order. I would also make sure to summarize the conversation in writing and send it again, as this makes it harder for the builder to deny agreements made over the phone later on.
K a t j a schrieb:
I wouldn’t accuse anyone of being cunning just yet here. [...] The big question remains: what alternative does he offer? Although the developer formally notified the original poster in writing, it was no more substantive than a verbal message, roughly along the lines of: "Listen, I’m coming to the appointment basically empty-handed, but you still need to bring the money as agreed." That could be considered sly, especially since he was probably well aware that he had not specified the quality or duration of the “temporary solution” by then, and still relied on the original poster’s goodwill.
HessamA schrieb:
because the supplier—the company Vaillant—currently cannot provide a date or any information. The fact that they are not spending their time tweeting daily updates or predictions about when things will finally move forward is actually a very credible statement. When a ship is blocking a key global trade route, chips don’t arrive on time. No amount of overtime can fully compensate for weeks of lost production after the blockage is cleared. Whether water pumps require Ukrainian wheat, I don’t know. Speculating in real time about when everything will return to “normal” isn’t helpful. What is important for you, however, is that any commitment to cover additional costs must have the same (potentially unlimited) duration as the remaining waiting period. Insisting on having this documented in writing is absolutely justified.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Once again, thank you to all participants. This forum is a blessing, and the exchange with you has been very helpful to me.
I have decided on the following approach. I will write an email outlining the discussed points and will carry out the handover with the assistance of a construction expert. If I explain the situation to the expert in advance, they will give me their opinion. During the handover, the expert will inspect the temporary installations on-site and then inform me whether I can accept them as they are or if there is a significant defect. If the expert deems the temporary solution acceptable for move-in readiness, as agreed, I will document the missing heat pump as a defect in the report and further note that the builder must fully cover the heating costs until the heat pump is delivered.
Regarding the payment: the contract states that the property must be ready for occupancy by September 30, 2022, and the entire construction project, including external landscaping, must be fully completed by November 30, 2022. I will withhold the 5% retention payment, as contractually agreed, until completion. Until then, the builder can still carry out all work within the agreed deadlines.
Is this acceptable?
Good luck
I have decided on the following approach. I will write an email outlining the discussed points and will carry out the handover with the assistance of a construction expert. If I explain the situation to the expert in advance, they will give me their opinion. During the handover, the expert will inspect the temporary installations on-site and then inform me whether I can accept them as they are or if there is a significant defect. If the expert deems the temporary solution acceptable for move-in readiness, as agreed, I will document the missing heat pump as a defect in the report and further note that the builder must fully cover the heating costs until the heat pump is delivered.
Regarding the payment: the contract states that the property must be ready for occupancy by September 30, 2022, and the entire construction project, including external landscaping, must be fully completed by November 30, 2022. I will withhold the 5% retention payment, as contractually agreed, until completion. Until then, the builder can still carry out all work within the agreed deadlines.
Is this acceptable?
Good luck
Hello everyone,
I have an update for you and would appreciate your opinions and feedback again. Today, we conducted the handover accompanied by an independent expert. During the inspection, we documented 60 various defects in the handover report. Among these was the heat pump—not installed as was already known beforehand. The promised temporary solution in the form of an electric heater and an instantaneous water heater was on site (meaning the devices were there) but not connected. We were only told that the responsible electrician had suddenly become ill and that this work would be completed soon. Therefore, at the time of the handover, we could not verify whether there is electricity, hot water, or heating available. Consequently, we were also unable to test features such as the electric shutters or the underfloor heating system. After consulting with my expert, we concluded that the property is not ready for occupancy. We communicated this to the builder and further informed them that, due to the numerous defects and the inability to verify hot water, electricity, and heating, we are rejecting the handover. The builder believes the house is ready for occupancy. He then stated that this means the handover is complete and that he will move on to the next appointment for handover (there are three townhouses). We have not signed anything.
What do you think about this?
I have an update for you and would appreciate your opinions and feedback again. Today, we conducted the handover accompanied by an independent expert. During the inspection, we documented 60 various defects in the handover report. Among these was the heat pump—not installed as was already known beforehand. The promised temporary solution in the form of an electric heater and an instantaneous water heater was on site (meaning the devices were there) but not connected. We were only told that the responsible electrician had suddenly become ill and that this work would be completed soon. Therefore, at the time of the handover, we could not verify whether there is electricity, hot water, or heating available. Consequently, we were also unable to test features such as the electric shutters or the underfloor heating system. After consulting with my expert, we concluded that the property is not ready for occupancy. We communicated this to the builder and further informed them that, due to the numerous defects and the inability to verify hot water, electricity, and heating, we are rejecting the handover. The builder believes the house is ready for occupancy. He then stated that this means the handover is complete and that he will move on to the next appointment for handover (there are three townhouses). We have not signed anything.
What do you think about this?
A
allstar8328 Sep 2022 17:22HessamA schrieb:
Hello everyone,
I have an update for you and would appreciate your opinions and feedback again. Today, we conducted the handover accompanied by an independent expert. We documented 60 different defects in the handover report. Among other things, the heat pump—which was already known beforehand—was not installed. The promised temporary solution in the form of electric heaters and an instantaneous water heater was present on site (the devices), but they were not connected. We were only told that the responsible electrician had suddenly fallen ill and that the work would be completed soon. Therefore, at the handover, we could not verify whether we had electricity, hot water, or heating. Consequently, we were also unable to test the electric shutters, underfloor heating, etc. After consulting with my expert, we concluded that the property is not ready for occupancy. We informed the builder of this and further stated that due to the many defects and the inability to verify hot water, electricity, and heating, we are rejecting the handover. He believes that the house is ready for occupancy. He then said that this meant the handover was finished and that he would proceed with the next appointment for the handover of the other two terraced houses. We did not sign anything.
What do you think about this?Did the builder countersign the report? I would formally hand it over with a deadline. Then it is his responsibility again. You can do this politely but firmly and maintain contact. But 60 defects certainly sounds like a lot.Similar topics