ᐅ Damp Wall – How Long Is the Warranty Valid?

Created on: 22 Oct 2017 08:35
2
21123
2
21123
22 Oct 2017 08:35
Good morning,

In January 2015, a construction company dried out a damp exterior wall and the damage was supposed to be repaired. The invoice is available.

Now the wall is damp again in the same spots. Photos documenting the before-and-after comparison as well as the current condition are available.

How long is the first company obligated to provide a warranty? After more than 2.5 years, are they no longer liable and am I out of luck, or can I address this issue with them and request a repair?

Thank you.
F
Fuchur
22 Oct 2017 15:59
Hello,

I think you might have misunderstood something (or maybe I did *g*). You don’t have a warranty on the result "dry wall," but rather on the specific work performed. So, if the work was faulty and that is why the wall is damp again, then you have claims. However, if the cause is different and moisture reappears despite professionally correct work, or if you cannot prove the cause, then you do not have claims.
B
Bau-Schmidt
22 Oct 2017 16:14
You probably mean warranty. Under which terms was the contract concluded? Building Code or VOB?
2
21123
22 Oct 2017 16:18
There is no reference to the Building Code or the construction contract conditions (VOB) on the invoice, so I assume that the Building Code is the legal basis.

@ Fuchur: I am not an expert; when a professional assesses the cause and carries out the necessary work, I simply rely on that. For me as a customer, having issues appear in the same places after such a short time is rather disappointing, especially since damp walls usually involve costs well into the three-digit range.
F
Fuchur
22 Oct 2017 16:25
I understand your frustration, especially considering the investment involved. I just wanted to convey that your contractor won’t be overjoyed when asked to redo work after 2.5 years and will likely look for reasons that aren’t his responsibility. This means you will need to provide proof of his deficient work. If you, as a layperson, cannot provide this proof, you will have to seek professional advice—if it is economically reasonable to do so. To provide any guidance here—without offering individual legal advice—it would at least be necessary to know the exact cause of the moisture problem and the specific measures that were taken. Only then can the relevant contractual basis be better assessed.
B
Bau-Schmidt
22 Oct 2017 16:29
Then you have a construction contract. For buildings, the warranty period is 5 years from handover.