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
B
Bieber081518 Dec 2017 10:49Knallkörper schrieb:
The claim for performance against the general contractor expires.So, yes and no. A defect can still occur after the final inspection. If it was not known during the final inspection that the hydraulic separator was missing, it can hardly be assumed that it was accepted as is.It is true that the burden of proof now lies with the client. A missing separator is strong evidence that it simply was not delivered. I would be optimistic about winning the case.