ᐅ Request missing equipment and hydraulic separator after inspection
Created on: 15 Dec 2017 09:05
H
hstkai
Good morning,
this is our situation.
We took over our house as free of defects almost exactly one year ago. Unfortunately, I only noticed after the handover that the hydraulic separator guaranteed in the construction contract was not installed.
Basically, our underfloor heating system works, as the internal pump of the condensing boiler manages it at 100% capacity and correspondingly high flow temperatures. However, we plan to convert the attic later on, which will add another 80 m² (860 ft²) of underfloor heating to the existing 120 m² (1,290 ft²) on the ground floor. The internal pump will definitely be overloaded with this increase.
I requested the general contractor to retrofit the hydraulic separator as a missing contractual component, but they argue that since the house was accepted as free of defects, the hydraulic separator is not necessary.
I still have a small outstanding balance of the house price to pay. Can I withhold this payment because contractual components are missing, or must I pay since the house has already been accepted?
Best regards
this is our situation.
We took over our house as free of defects almost exactly one year ago. Unfortunately, I only noticed after the handover that the hydraulic separator guaranteed in the construction contract was not installed.
Basically, our underfloor heating system works, as the internal pump of the condensing boiler manages it at 100% capacity and correspondingly high flow temperatures. However, we plan to convert the attic later on, which will add another 80 m² (860 ft²) of underfloor heating to the existing 120 m² (1,290 ft²) on the ground floor. The internal pump will definitely be overloaded with this increase.
I requested the general contractor to retrofit the hydraulic separator as a missing contractual component, but they argue that since the house was accepted as free of defects, the hydraulic separator is not necessary.
I still have a small outstanding balance of the house price to pay. Can I withhold this payment because contractual components are missing, or must I pay since the house has already been accepted?
Best regards
merlin83 schrieb:
I would like to see a court ruling where this was decided.Here you go:For example,
Federal Court of Justice (BGH), 19.01.2017, VII ZR 301/13, see paragraph 35.
Also stated in Section 634 II of the Building Code.
With acceptance, the claim for performance changes, among other things, into a warranty obligation, and the burden of proof for defects shifts to the client, no longer to the contractor.
In your case, not impossible, but now difficult due to the reversal of the burden of proof.
After the initial consultation with the lawyer, the situation looks like this to me:
It is clear that the inspection was completed, but as a layperson, it might not have been obvious that the hydraulic separator was not installed. If it can be said that, as a layperson, I could not have identified during the inspection whether and what components were installed in the heating system, then there is clearly a defect, since the agreed services were not fulfilled.
It is clear that the inspection was completed, but as a layperson, it might not have been obvious that the hydraulic separator was not installed. If it can be said that, as a layperson, I could not have identified during the inspection whether and what components were installed in the heating system, then there is clearly a defect, since the agreed services were not fulfilled.
hstkai schrieb:
After initial consultation with a lawyer, the situation appears to me as follows:
It is clear that the final inspection took place, but as a layperson, it would not necessarily have been obvious to me that the hydraulic separator was not installed. If it can be argued that, as a layperson, I could not have identified during the inspection whether and what components were installed in the heating system, then there is clearly a defect, as the agreed services were not delivered. My words
K
Knallkörper15 Dec 2017 17:21hstkai schrieb:
Sofern man also sagen kann, dass ich als Laie, es bei der Abnahme gar nicht erkennen kann, ...You can say almost anything, but that won’t help you much. You are free to consult an expert beforehand. Ignorance does not protect you from the consequences; otherwise, the whole final inspection would be pointless. You cannot approve something and later claim the approval is invalid because the homeowner is a layperson in areas like heating systems, electrical engineering, etc.
Knallkörper schrieb:
You can say almost anything. But that won’t help you much. You are free to consult an expert beforehand. Ignorance does not exempt you from the consequences; otherwise, the entire inspection process would be pointless. You cannot approve something and later claim the approval is invalid because the client is inexperienced in areas like heating technology, electrical systems, etc.The "layperson" argument at least worked with my general contractor... The date for the corrections is already scheduled. 🙂