ᐅ Exterior walls built with a deviation of approximately 4 cm from vertical alignment

tempic schrieb:
Your quote referred solely to the statement that demolition is unavoidable and, exaggeratedly, that the lawyer should already prepare the lawsuit

That was not mentioned: I consider the alternative "demolition" to be so highly probable that those involved urgently need to be informed that it might be necessary. When filing defect claims, formal errors can occur, so I consider legal advice useful when drafting them.

Otherwise, the bricklayer can later take the position: fine, I'll rebuild the wall at my own expense — but I’m not responsible for what others have done on top of that. And legally, a simple “hey, bricklayer, I’m not sure this will hold up” does not constitute a defect claim. Not even if stated in front of witnesses.

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Sparstrumpf schrieb:
Our shell builder constructed an exterior wall about 4cm (1.6 inches) out of plumb (from bottom to top).

Show a photo ...

Sparstrumpf schrieb:
We will have to address this in a meeting tomorrow.

Better write a formal defect notice instead. Make sure to get proper advice ...

If I understand the DIN standard correctly (though I’m not an expert), a deviation of 8 mm (0.3 inches) would be acceptable; but you measured 40 mm (1.6 inches). That’s not good.

Before rushing to a lawyer and incurring costs, it's worth trying to have a conversation first. There are construction managers or companies that are often willing to fix their own mistakes. Suggestions on how to repair the damage (such as supporting the ceiling and then rebuilding the wall) have been given and are usually not a big issue for the company. At the same time, you can bring up other faulty work (like windows...) and see how they respond.

If the construction manager does not address the defects despite being asked to do so, then you can still take the matter to a lawyer for a formal notice of defects.

Brief update on the matter: The wall is actually being replaced. In the end, everything was quite calm, without any pressure or threats. The only downside was that the construction manager didn’t take it seriously at first. Arguments such as more defects around the window didn’t work because this is a terraced house construction and no window is installed in this wall.

Payday schrieb:
Before rushing to a lawyer and incurring costs, you can first try to have a conversation.

Lawyers are not people who cause trouble. The point is to avoid causing extra costs by letting other contractors continue their work under the false impression that the previous trades have provided a solid base. Pulling the emergency brake too late can be expensive.

Involving a lawyer does not escalate anything, not even the atmosphere – they don’t even have to appear in person, only advise when drafting the formal complaint. This is just a formality so the client can say: I have given timely notice that, in my opinion, there is a defect. That’s all – no one is harmed.

P.S.: Looks like our writing times just crossed paths...

Sparstrumpf schrieb:
Arguments like more botched work particularly around the window would not have worked here, since this is a townhouse construction method and no window is installed in this wall

So does that mean you essentially allowed your house to “lean” about 4cm (1.5 inches) into the neighbor’s property (or vice versa)?

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Payday schrieb:
Before rushing to a lawyer and incurring costs, you can try talking first

Yes, of course, but in the first post it was said, "the plasterer will fix it." So you have to prepare for the worst. A good general contractor would have said, "We'll do it again."

The problem is that formal errors can become expensive.