Good morning,
we are currently in the process of building our single-family house and are in the final stages of finishing.
We have the following question: under what circumstances can we terminate the contract with the company responsible for the exterior plaster? This company wants us to release them from the warranty because a few days after applying the topcoat plaster, the screed will be poured (which is expected to cause discoloration and chipping of the exterior plaster due to increased moisture diffusion).
Since this requirement was not part of the contract, we see this as a breach of contract by the company. An alternative company is already ready to carry out the remaining work at short notice. Therefore, we want to terminate the current company’s contract as soon as possible, especially because there are significant defects in their workmanship.
We are currently having this case reviewed by our lawyer. However, I would still like to gather several opinions and experiences. According to our lawyer’s initial assessment, this is definitely grounds for contract termination. For a final statement, he wants to research other precedents first...
Has anyone experienced something similar or can offer advice?
Regards
DaMutz
we are currently in the process of building our single-family house and are in the final stages of finishing.
We have the following question: under what circumstances can we terminate the contract with the company responsible for the exterior plaster? This company wants us to release them from the warranty because a few days after applying the topcoat plaster, the screed will be poured (which is expected to cause discoloration and chipping of the exterior plaster due to increased moisture diffusion).
Since this requirement was not part of the contract, we see this as a breach of contract by the company. An alternative company is already ready to carry out the remaining work at short notice. Therefore, we want to terminate the current company’s contract as soon as possible, especially because there are significant defects in their workmanship.
We are currently having this case reviewed by our lawyer. However, I would still like to gather several opinions and experiences. According to our lawyer’s initial assessment, this is definitely grounds for contract termination. For a final statement, he wants to research other precedents first...
Has anyone experienced something similar or can offer advice?
Regards
DaMutz
N
nordanney26 Oct 2015 08:29Well, I can understand the company's demand!
If you have work carried out that could cause damage to the exterior plaster, I would expect the company to either a) perform the work at your own risk or b) be released from liability for this specific case (but only for this— all other warranty issues must of course remain unaffected).
Why should the company be responsible for color changes that you cause?
If you are already consulting a lawyer, there must have been several problems, and you are very dissatisfied. Normally, I would recommend talking to people— but in your case, it seems to be too late for that, doesn’t it?
If you have work carried out that could cause damage to the exterior plaster, I would expect the company to either a) perform the work at your own risk or b) be released from liability for this specific case (but only for this— all other warranty issues must of course remain unaffected).
Why should the company be responsible for color changes that you cause?
If you are already consulting a lawyer, there must have been several problems, and you are very dissatisfied. Normally, I would recommend talking to people— but in your case, it seems to be too late for that, doesn’t it?
B
Bieber081526 Oct 2015 20:18DaMutz schrieb:
This company wants us to release them from the warranty because the screed will be poured just a few days after the exterior render is applied (apparently this can cause discoloration and flaking on the outer plaster due to increased moisture diffusion). Because screed is installed inside, the exterior plaster is supposed to flake off? The same plaster that is expected to withstand year-round exposure for many years? Can someone explain this?
In our case, the plasterer said to apply the interior plaster first, and then after about 8 days the exterior plaster including the external insulation system (EWI / ETICS), because supposedly the moisture from the interior plaster escapes to the outside and could "push off" the external insulation system along with the exterior plaster. He didn’t mention anything about the screed.
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