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 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
B
Bauexperte19 Oct 2016 13:07Flaemmchen schrieb:
Suppose the expert report states that the installation was faulty and I have a new pane installed by a third company, charge the costs to the original window installer, and get reimbursed. Does this automatically release the original window installer from their warranty obligations for that window?Well, you are quite charming. Your original window installer cannot be held responsible for the work done by a third party. Naturally, the new window installer owes you the warranty for that particular window; depending on the contract terms, this is usually 4 or 5 years.Flaemmchen schrieb:
If so, what use is a 4-year warranty to me then?You received more than just one window delivered and installed by the original installer, right?If I were you, I would send one final notice of defects to the original installer, this time with a shorter deadline, and inform them about your next steps. It is quite strange that a pane develops a crack after 11 months; maybe your window installer suspects you are trying to take advantage of them—who knows...?
Best regards, Bauexperte
Similar topics