ᐅ Home Construction, Legal Aspects

Hello everyone,

Since legal protection insurance does not cover construction issues, I am trying to gather information here before I confront the general contractor like a complete novice.

Here is the situation:

We had our old house demolished and a new one built on the same plot of land. According to the responsible city expert, the old sewage shaft could have been used without any problems. The contract stipulated that the wastewater should be connected to the existing sewer system and that the general contractor would submit the sewage application. However, this application was forgotten, and the city department didn’t even know the old house was gone until last Thursday.

The new house is aligned flush with the street, to ensure it is barrier-free in the future as we get older. However, the plumber somehow mismeasured, and the new sewage pipes are 23cm (9 inches) too deep. If it had been measured correctly, it could have been done differently. Because of this, the old shaft cannot be used anymore.

If the application had been submitted on time, the city would have told us before the foundation slab was laid that we would need a new shaft for a flush-mounted house and that we could have used the old one if we had accepted two steps. However, we never had the chance to make that choice. Furthermore, during all the planning meetings with the general contractor, it was always clear that we would have to cover the cost of a new shaft (€2500) only if the old one could no longer be used, which theoretically it still could.

Now my question is: do we have to pay the €2500, or is the problem the responsibility of the plumber and the general contractor, who should be liable?

Best regards

That largely depends on what you can prove.

However, if the wastewater pipes deviate by 23cm (9 inches) from the plan, in my opinion the plumber won’t get off without some liability.

You can offer to have the 23cm (9 inches) corrected – or to cover the costs for the new inspection chamber, provided this doesn’t cause you further disadvantages. I can imagine that he will quickly reach an agreement with his insurance or pay for the damage himself.

Best regards,
Dirk Grafe

Hello,

This all sounds a bit unclear to me...

ah-1986 schrieb:
But the plumber mismeasured somehow, and the new drain pipes are 23cm (9 inches) too deep.

23 cm (9 inches) too deep compared to what?

- The plan?
- The foundation slab?
- The height of the existing manhole?

As @Dirk Grafe already mentioned, a lot in this case will depend on what you can prove, preferably in writing or with witnesses.

ah-1986 schrieb:
Since legal protection insurance does not cover construction work, I’m trying to get information this way before confronting the general contractor like a bull in a china shop.

I would suggest taking a deep breath first and then seeking a calm conversation with the general contractor—immediately swinging the big stick (legal protection, lawyer, lawsuit, etc.) is probably not very helpful—save the big hammer for later if needed.

I would also keep the "bull in a china shop" approach in the toolbox for now. Mistakes happen everywhere—there’s hardly any construction project without some issues. As mentioned, first try to discuss the matter with the involved parties—it might turn out to be an easy fix.

Fingers crossed for you!

Best regards,

Dirk

PS: If the wastewater application was forgotten—what about the application for the fresh water connection? 😕