ᐅ Responsibilities of a Carport Manufacturer

Created on: 19 Apr 2020 10:37
B
B.Baumeister
Hello everyone.

Here’s the situation: The house is built (in Cuxhaven), the carport has been chosen and the contract signed. The price is almost 13,000€ (about $14,000).
The carport is a kit and will have space for two cars plus a workshop, covering a total of 50sqm (about 540 sq ft). The manufacturer is Biber Carport from Munich, and the contract includes a clause allowing cancellation if the building permit / planning permission is denied. I have already paid a deposit.
So far, so good.
While researching what is required for the building permit / planning permission application, the building authority said the application must be signed by a “design author” – either an architect or a master craftsman, whoever designed the structure. And, of course, they need a drawing of the carport.
That is clear too.
So I approached the company, which then said they don’t have such a person in-house but use an external expert. They said they would have to check if this person can sign the application because sometimes such signatures imply additional liabilities that cannot be fulfilled remotely, for example, if the design author were assumed to have construction supervision responsibilities. They want more than 500€ (about $540) extra for the drawing.
I can understand the extra cost for the drawing since my carport is custom-made. As for the liabilities related to the building permit / planning permission, I could not find anything in the form about that. It only has a section for the design author’s name, company, etc., and that’s it.

The review process took a long time, so after more than four weeks, I asked whether they were able to sign the application. Otherwise, I would like to exercise my right to cancel the contract. I did not really accept the Corona situation as an excuse since the external review is done by forwarding an email, and I had sent that email a week before the lockdown started in Bavaria.

Now, more than five weeks after submitting the form, they responded that they need more time, citing Corona and other reasons. Also, they said there was never talk of a building permit / planning permission service and that I can only exercise the cancellation clause if I can provide a rejected application.
Funny – how can I get a rejection if they won’t give me the signature I need?!

Long story short: Can anyone explain what the standard responsibilities of a manufacturer are in such a case? To me, that naturally should be part of the product. Meanwhile, they act as if this was an optional convenience service, like a registration service when buying a car. Maybe they haven’t fully understood the situation yet, but that can be clarified. Still: What is normally included in such a product and what counts as an extra service?
Even though I understand the additional charge for the drawing, I think buyers should be made aware of this in advance, especially since the carport is large enough that a building permit / planning permission is needed in every federal state, and therefore a drawing is necessary.

Looking forward to your answers.

Enrico
H
hampshire
19 Apr 2020 11:10
I am surprised that the carport manufacturer is not aware of the situation and does not routinely clarify it. Costs aside. Very strange.
J
Joedreck
19 Apr 2020 11:11
Maybe because it is common for the construction company to submit the application including the carport
B
B.Baumeister
19 Apr 2020 11:13
I am also surprised.
And: no one has mentioned any costs, or that I absolutely wouldn’t pay them.
The company said nothing about costs, but rather that they didn’t know if they could even sign it.
J
Joedreck
19 Apr 2020 11:14
Anyone who is authorized to create drawings can do that... You have already noticed that.
Mycraft19 Apr 2020 11:20
B.Baumeister schrieb:

Edit: or did you also pay extra during your house construction for the architect to put their name on it?
That is actually standard practice. Architectural services need to be paid for, and not cheaply.
B
B.Baumeister
19 Apr 2020 11:25
Mycraft schrieb:

That is actually standard practice. Architectural services need to be paid for, and not just a little.

Exactly, but this should also be shown in an invoice beforehand.