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.
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.
Once the final inspection has been approved, the burden of proof simply shifts… which shouldn’t be much of an issue here. This means YOU now have to prove that the defect exists, rather than the contractor having to prove that it does not.
Set a deadline for the defect to be remedied. If that doesn’t help, it becomes more difficult, especially if you have already made the payment.
Set a deadline for the defect to be remedied. If that doesn’t help, it becomes more difficult, especially if you have already made the payment.
To me, this looks like more than just two “batches.” I rather suspect it is the “same” color “similar to RAL xyz” from two different manufacturers or at least from two different production plants. Have your lawyer explain which formal and deadline requirements your complaint must meet. This already starts with whether it should be called a “notice of defects” or a “claim.” You are responsible for consulting a legal expert yourself. An expert’s assessment will not help here; if necessary, access to delivery notes might be required. Could it be that the construction company acted as both the developer and the client here, and that you are actually just the buyer?
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Offtopic schrieb:
These are different types of bricks. One looks gray, the other anthracite.Spoiler alert: Anthracite (colored) concrete blocks do not stay anthracite. Over time, they always tend to fade toward gray.
@SoloBau
Is there a time difference between the "batches"? Or were they installed at the same time?
Are there delivery notes for the materials? Do you still have outstanding payments, or would you need to take legal action?