ᐅ Drywall contractor causes damage

Created on: 3 Nov 2013 20:08
M
MCHaus
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?
B
Bauexperte
8 Nov 2013 10:25
Hello,
MCHaus schrieb:

Do verbal agreements between my construction company and me (with witnesses) count, or does everything really have to be in writing?
As a rule, partners or close friends are witnesses to verbal agreements; so in the worst case, it is not really easy to enforce.

Therefore: always confirm everything in writing so there is proof. Anyone acting fairly and honestly will understand this approach.

Best regards, Bauexperte
H
HilfeHilfe
8 Nov 2013 11:08
MCHaus schrieb:
The problem is that I had the tiling work removed because the company couldn’t give me a concrete quote, and because a friend recommended another company with which I’m very satisfied. However, the drywall contractor spoke with his insurance, and we can now have it repaired. I have another question: Do verbal agreements between me and my construction company (with witnesses) count, or does everything have to be in writing?

I would accept the insurance amount... how does it look? Did the tiler work "privately"?
E
Explosiv
10 Feb 2014 20:12
Hi
Even if the tiles were installed by the homeowner themselves, the damage was caused by the contractor’s subcontractor. How the damage gets repaired should not be the customer's problem. When it comes to the damaged tiles, it doesn’t matter who installed them; it is the contractor’s responsibility to have them professionally replaced by whoever is appropriate. It also wouldn’t matter if the tiler worked privately or not.
But I assume by now the issue has been resolved, hasn’t it?
W
Wastl
11 Feb 2014 08:58
Explosiv schrieb:
Hi,
even if the tiles were installed by the property owner, the damage was caused by the contractor’s subcontractor. How the damage is repaired should not be the customer’s problem. It doesn’t matter who installed the damaged tiles; it is the contractor’s responsibility to have them professionally replaced by whoever is appropriate. It would also make no difference if the tiler worked privately or not.
But I think by now the issue has been resolved, hasn’t it?

If the construction company granted access?! In our case, our own tradespeople were only allowed into the house after handover to prevent something like this from happening. The construction company assumes the risk – I would check this point in the contract before making a big deal out of it.