Hello dear forum,
I need your advice on the following matter:
Last year, I had a house built through a general contractor. The contract did not include a canopy above the front door. Therefore, this year I arranged for a local craftsman to install a canopy, which I had configured and ordered through an online retailer. The installation by the craftsman was agreed upon separately.
When the craftsman was about to start the installation, I pointed out that there were cables in the area where the canopy would be mounted. I showed him a photo of the exterior wall before the plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "OK, let's do it that way." Unfortunately, it later turned out that a cable was still drilled into.
The craftsman’s position:
He claims no fault on his part, since I instructed him to install the canopy at that position. He could not have known that a cable was also located there. He places the responsibility on me as the client.
My position:
I am a layperson and have no knowledge of the exact methods for canopy installation or the usual rules for routing electrical wiring. Therefore, I am not able to assess a sensible mounting position. I saw the craftsman’s suggestion as expert advice, which I accepted. If something goes wrong, then he is the one responsible.
Since this might involve significant costs, I would be grateful for advice, possibly including references to legal principles.
I need your advice on the following matter:
Last year, I had a house built through a general contractor. The contract did not include a canopy above the front door. Therefore, this year I arranged for a local craftsman to install a canopy, which I had configured and ordered through an online retailer. The installation by the craftsman was agreed upon separately.
When the craftsman was about to start the installation, I pointed out that there were cables in the area where the canopy would be mounted. I showed him a photo of the exterior wall before the plastering, after which the craftsman proposed a slightly higher position for the canopy compared to the original plan. I then said, "OK, let's do it that way." Unfortunately, it later turned out that a cable was still drilled into.
The craftsman’s position:
He claims no fault on his part, since I instructed him to install the canopy at that position. He could not have known that a cable was also located there. He places the responsibility on me as the client.
My position:
I am a layperson and have no knowledge of the exact methods for canopy installation or the usual rules for routing electrical wiring. Therefore, I am not able to assess a sensible mounting position. I saw the craftsman’s suggestion as expert advice, which I accepted. If something goes wrong, then he is the one responsible.
Since this might involve significant costs, I would be grateful for advice, possibly including references to legal principles.
H
hampshire5 Sep 2021 11:37Traumfaenger schrieb:
However, this assumes that a valid contract has been established between a tradesperson and the client. That is why the reference is made to the case files. By the way, an unregistered worker is also liable for any damages they cause. In some cases, the case files speak against enforcing a claim.
HilfeHilfe schrieb:
Since he does not see himself at fault and does not want to report his damages to the insurance, he will wait. Fault and liability are two different matters.
HilfeHilfe schrieb:
What alternatives does the OP have? He is desperately trying to insist on one, namely his own opinion, here. Statements like this are not helpful. I asked for advice because I have suffered damage and wanted to rely on expert knowledge or previous experience to assess the chances in this matter.
To respond to the constructive comments and offers of help:
First of all, thank you for that. I have learned that the situation is not as clear-cut as I had expected – there seems to be neither well-known legal precedent nor similar cases here in the forum.
Still, thank you for the attempts to advise! If there is interest, I can report back on how the case turns out.
drno1234 schrieb:
It seems there are neither known legal precedents nor comparable cases here in the forum.On the contrary, I would say there is an overwhelming number of “Hornberger Schießen” precedent cases, so there is always something for both sides. Besides, it has been stated dozens of times here in various terms: in court, the one who bears the burden of proof and shows up empty-handed is guaranteed to lose.https://www.instagram.com/11antgmxde/
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H
HilfeHilfe6 Sep 2021 06:31drno1234 schrieb:
Such statements are not helpful here. I asked for advice because I have suffered damage and wanted to rely on sound knowledge and previous experience to assess the chances in this matter.
To respond to the constructive contributions and attempts to help:
First of all, thank you for these. I have gathered that the situation is not as clear-cut as I expected – there appear to be neither well-known legal precedents nor comparable cases here in the forum.
Still, thank you for the attempts to advise! If there is interest, I can report on how the case turns out. Yes, please do report so that we have a case study here for the next poster.
H
hampshire6 Sep 2021 06:48drno1234 schrieb:
First of all, thanks for this. I gathered that the situation is not as clear-cut as I had expected. The legal situation is clear. The circumstances are not – simply because there is missing information. What you provide is sufficient to support your case. What actually happened, no one here can assess. That’s the situation. The documentation will be decisive in case of a dispute. There are countless examples where the outcome favored either the contractor or the client.
Engage the party responsible in a conversation, prepare your documentation, organize yourself, and negotiate a solution without emotional outbursts. You can base your approach on the information that your contractor is liable. That was your initial question, and you can consider it answered.
HilfeHilfe schrieb:
Yes, please keep us updated so we have a case for the next thread starter.Update:
The contractor will cover the costs of the repair (a new cable needs to be installed).