ᐅ Crack in Window Glass – Defect Repair

Good day,

I have a question and need advice regarding defect rectification.

We purchased a used property and installed new double-glazed windows as part of the renovation work. We have now discovered a crack in the glass of one window. I informed the window installer by phone and requested defect repair. After receiving no response to my calls, I sent a written defect notice according to the German Construction Contract Procedures (VOB), requesting that the defect be repaired within a deadline of 6 weeks, otherwise I would have the defect remedied by another company at his expense. The deadline has now passed, and the window installer has neither taken action nor contacted me.

Do I now need to prove that the defect falls within his responsibility before I hire a third company and charge him for the costs?

This would probably require an expert assessment. By the way, the windows are 11 months old.

Thank you very much.

Kind regards,
Willi

I find it difficult to complain about a crack in the glass 11 months after installation... What else has been renovated since then?

Nothing else, apart from new wallpaper.

The crack basically appeared "overnight," long after the renovation work was completed. Possibly due to incorrect installation, material defects, or thermal effects, etc. But to assess that, I have already called in the specialist. Only if they don’t respond...

Hello Willi,

Flaemmchen schrieb:

Do I now have to prove to the window installer that the defect falls under their responsibility before hiring a third company and charging them for the costs?

If the contract was made according to VOB: yes, keyword: reversal of the burden of proof.

Regards, Bauexperte

That’s what I feared.

The expert report will probably cost me more than installing a new pane. It’s understandable that the window installer isn’t responding.

Assuming the report confirms a faulty installation and I have a new pane installed by a third company, then charge the costs to the window installer and get reimbursed—does that automatically release the window installer from their warranty obligations for this window? If so, what good is a 4-year warranty to me?

How would you recommend proceeding in this situation?

Thank you for your response

Willi

Try talking to the company again. Maybe a solution is possible. For example, you pay for the glass, and they do the installation as a goodwill gesture or something similar.