ᐅ Driveway / Patio Poorly Executed

Created on: 11 Nov 2017 10:52
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pulse
Hello,

I am having serious issues with a construction company and need your advice/help.

This company paved our driveway and installed patio slabs, including all related work, during spring/summer.

Unfortunately, the work was done very poorly, and the result is absolutely unacceptable! The company already made some repairs, but they simply cannot do it better—that’s a fact!

A field representative from the stone supplier for the driveway also inspected the work and confirmed that it is definitely not acceptable!

I handed this written list of defects to the company in May 2017.

Here are a few examples:

Patio:
-loose patio slabs
-partial height differences between slabs
-incorrectly cut/laid slanted patio slabs
-entire slanted laying of slabs due to incorrect positioning of the drainage channel
-various slabs cut incorrectly due to improper installation
(the slabs were paid for by me)

Driveway paving stones:
-many uneven areas
-height differences of the laid stones up to 10 mm (0.4 inches)
-some joints are far too wide (DIN standard 3–5 mm (0.12–0.2 inches))
-multiple cuts not compliant with DIN standards on the paved area
-various stones cut incorrectly due to improper installation
(the stones were paid for by me)

The company owner is completely unreasonable!

I then told him to send me an invoice with common sense and a clear, objective assessment of his work performance.

Five (!) months later, I finally received the invoice—and he charged for absolutely everything possible! Now I am supposed to pay it within 14 days!

What options do I have now?

Here are some facts:
-I received a written offer from the company beforehand and confirmed it by email.
-I purchased the stones myself.
-The defects are clear!
-I do not have legal expenses insurance.

I have now written a letter pointing out the defects again and stating that I will only pay an amount that I consider reasonable due to these defects.

Is this a good idea, or what would you advise?

He will probably send me reminders for the remaining amount, which will eventually include late fees...

What options do I have?

Thanks in advance for your tips!

Best regards,
Paul
saar2and11 Nov 2017 14:14
In my opinion, you don’t need a lawyer at this stage. At this point, he still needs to prove to you that he has carried out his work professionally and in accordance with the recognized technical standards (DIN). I would request this from him in writing and also submit a written notification of defects with a deadline, followed by a second deadline. Only after that would I involve a lawyer or simply withhold payment. You will have set enough deadlines by then.
77.willo11 Nov 2017 14:15
Nordlys schrieb:
What is the alternative?


Insist on proper remediation instead of negotiating a discount.
berny11 Nov 2017 14:30
Learn from this: Procuring the materials yourself and only paying the craftsman for labor almost always leads to problems. And if they charge you outrageously high labor rates... then simply refuse payment persistently as described above. Stay firm with reminders. You provide flawless banknotes if they deliver flawless work.
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Alex85
11 Nov 2017 16:48
You have the money and therefore the stronger position. Demand a second correction with a deadline. If it is not done properly then, get a quote to have the area fixed and deduct these costs from his invoice. (If necessary, take this step with legal advice.)
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Nordlys
11 Nov 2017 18:18
To avoid procedural errors: Now legal action.
That's where I stand. This is how it will proceed… invoice, reminder, reminder, then the claim is handed over to a debt collection agency. After that, things get tough. Bet on it? Karsten