Hello. The drywall contractor used a cutting tool in our bathroom. Unfortunately, the tiles were almost completely installed already. The sparks burned marks into the tiles. It doesn't look very good. I have now obtained a quote from the tiler and my tile supplier, which amounts to about €1300. The drywall contractor says his insurance has a deductible of €1000 and that anything above that will be handled through an expert assessment, which according to him could take over two years.
My questions:
1. Actually, I’m not supposed to accept the house like this, right? (Acceptance in 2 weeks)
2. Can I hold the construction company liable for this? (The drywall contractor is a subcontractor)
3. The drywall contractor wants to dictate which tiles I am allowed to replace. Is that possible?
My questions:
1. Actually, I’m not supposed to accept the house like this, right? (Acceptance in 2 weeks)
2. Can I hold the construction company liable for this? (The drywall contractor is a subcontractor)
3. The drywall contractor wants to dictate which tiles I am allowed to replace. Is that possible?
Your contract is with your construction company, not the drywall contractor, correct?
In that case, they are obligated to deliver a defect-free job, regardless of whether the work is carried out by their own trades or subcontractors they hire.
From what you describe, the drywall contractor seems to be acting in a coercive and unreasonable manner. If my assumption is correct, I would stop communicating with them. It’s a waste of time and energy.
Another point to consider: Have you already accepted the tiling work? If not, you will do so only after defects have been corrected, and the tile installer and drywall contractor can then deal with—or dispute—the costs involved.
In that case, they are obligated to deliver a defect-free job, regardless of whether the work is carried out by their own trades or subcontractors they hire.
From what you describe, the drywall contractor seems to be acting in a coercive and unreasonable manner. If my assumption is correct, I would stop communicating with them. It’s a waste of time and energy.
Another point to consider: Have you already accepted the tiling work? If not, you will do so only after defects have been corrected, and the tile installer and drywall contractor can then deal with—or dispute—the costs involved.
B
Bauexperte3 Nov 2013 21:30Good evening,
Regards, Bauexperte
MCHaus schrieb:Could it be... just could it be... that the quoted price from your provider in the bottom right was originally "unbeatable" cheap?
3. The drywall installer wants to dictate which tiles I am allowed to replace. Is that possible?
Regards, Bauexperte
H
HilfeHilfe5 Nov 2013 07:57Me neither :p
B
Bauexperte5 Nov 2013 10:22Hello,
That’s just my gut feeling about your thread; it’s a pity you didn’t elaborate further.
You write:
Even the least experienced tradesperson should know that this would cause problems. Since you haven’t provided more details, I assume the tiles on the floor and walls were either not covered or only covered insufficiently during the work. In that case, a building expert you bring in—which, by the way, you are entitled to choose—would probably put the subcontractor on the spot; these guys have a reputation to protect.
It would have been helpful if you had responded to “klblb’s” answer...
You cannot completely refuse to accept the house, but you can reject the defective tile work in the bathroom caused by the drywall installer’s cutting. This should be stated in your construction contract or its annexes in a similar manner.
Your contracting party—unless you have hired individual trades separately—is always your main provider, and therefore it is your point of contact for claims related to defect rectification. The timeframe for these claims is governed by your contract or the applicable construction regulations (such as VOB).
The fact that you even ask whether the drywall installer can treat you this way makes me think your provider’s offer must have been very tempting in the first place. I was also puzzled that you asked your tiler for a quote on the repairs. That should have been the responsibility of your provider or their site manager. They must also deal with the arguments of their subcontractors, not you.
You have purchased a home meeting a contractually agreed standard. Delivering this standard free of defects is the responsibility of your main provider!
Best regards, Bauexperte
MCHaus schrieb:
Sorry but I don’t understand that, Bauexperte?
That’s just my gut feeling about your thread; it’s a pity you didn’t elaborate further.
You write:
MCHaus schrieb:
“The drywall installer cut into our bathroom. Unfortunately, it was almost completely tiled already.”
Even the least experienced tradesperson should know that this would cause problems. Since you haven’t provided more details, I assume the tiles on the floor and walls were either not covered or only covered insufficiently during the work. In that case, a building expert you bring in—which, by the way, you are entitled to choose—would probably put the subcontractor on the spot; these guys have a reputation to protect.
It would have been helpful if you had responded to “klblb’s” answer...
MCHaus schrieb:
1. Actually, can I refuse to accept the house like this? (handover in 2 weeks)
You cannot completely refuse to accept the house, but you can reject the defective tile work in the bathroom caused by the drywall installer’s cutting. This should be stated in your construction contract or its annexes in a similar manner.
MCHaus schrieb:
2. Can I hold the construction company liable for this? (drywall installer is a subcontractor)
3. The drywall installer wants to tell me which tiles I am allowed to replace. Is that allowed?”
Your contracting party—unless you have hired individual trades separately—is always your main provider, and therefore it is your point of contact for claims related to defect rectification. The timeframe for these claims is governed by your contract or the applicable construction regulations (such as VOB).
The fact that you even ask whether the drywall installer can treat you this way makes me think your provider’s offer must have been very tempting in the first place. I was also puzzled that you asked your tiler for a quote on the repairs. That should have been the responsibility of your provider or their site manager. They must also deal with the arguments of their subcontractors, not you.
You have purchased a home meeting a contractually agreed standard. Delivering this standard free of defects is the responsibility of your main provider!
Best regards, Bauexperte
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