ᐅ Different batches used for access path – defect?

Hello everyone,

I hope to find someone here with experience regarding when a "defect" due to color variations caused by different batches is actually considered a defect for the access path.

I have been discussing this issue with the landscaping contractor for some time now because a new batch of stones had to be used in the middle of my access path. In principle, this is not a problem, but both batches have completely different compositions. One batch is significantly darker than the other as a standard (see picture), and the difference is especially noticeable when wet. Well, the moisture is not permanent, so that could be tolerated, but overall it just doesn’t look good.

The landscaping is part of my house construction contract, so technically I am not the customer, but the house builder is, which makes it somewhat more difficult to enforce any claims. The house builder doesn’t care whether there are one or two batches of stones. Since there was still plenty of jointing sand on the stones when the house was handed over, the difference was not visible at that time, otherwise, I would have raised an issue immediately.

If this is indeed considered a defect, I would discuss it again with my construction supervisor, since I have had no success on my own so far – however, due to the resulting consultation costs, I only want to pursue this if there is a real chance of success.

These are different bricks. One appears to be gray, the other anthracite.

Report the defect in writing and, of course, set a deadline.

Both are already gray; anthracite refers to different stones. And I have, of course, already submitted a written complaint a long time ago. Unfortunately, it hasn’t helped so far. But your statement at least supports my assumption that this is indeed a defect. Thank you.

SoloBau schrieb:

Since there was still a lot of joint sand on the bricks at the final inspection of the house, it wasn’t visible then; otherwise, I would have pointed it out immediately.

Oops – so you already accepted the bricks and now want to report a defect afterwards. I think that will be really difficult. The defect should actually have been noticed during the final inspection since it did not occur later.
As a builder, I would reject your complaint outright.

Phew. I would also be surprised if it were actually just different batches and not different types!? Possibly, there is a distinction between light gray – dark gray – anthracite ....?

The defect was not visible on the house’s handover day due to weather conditions and the jointing sand. I can also prove this with photos taken on that day. I reported it as soon as it became visible (after sweeping in the sand).