Hello,
I had the interior plaster applied in January. After the long cold temperatures in February, the plaster is now coming off on my concrete knee wall on the upper floor. It is a two-layer lime plaster; in some areas, only the top skim coat is detaching, while in others, the plaster is crumbling down to the concrete beam.
Legally speaking, who is responsible for the damage now—the plasterer or myself? The plasterer said that lime plaster can still be applied in this kind of weather... I haven’t discussed this with him yet but plan to do so later this week.
Thanks and best regards
maccus
I had the interior plaster applied in January. After the long cold temperatures in February, the plaster is now coming off on my concrete knee wall on the upper floor. It is a two-layer lime plaster; in some areas, only the top skim coat is detaching, while in others, the plaster is crumbling down to the concrete beam.
Legally speaking, who is responsible for the damage now—the plasterer or myself? The plasterer said that lime plaster can still be applied in this kind of weather... I haven’t discussed this with him yet but plan to do so later this week.
Thanks and best regards
maccus
T
Thomas46315 May 2012 18:49Hello, first of all: we are not qualified to provide legal advice.
But as I see it, a professional contractor has a duty to inspect and warn. If they cannot prove that they informed you they could not properly apply the material at the temperatures at that time, then in my opinion, the warranty should apply—unless it can be shown that the damage was caused by improper use by the client/owner.
However, when dealing with construction defects, I would primarily recommend:
1. Document everything => When did the issue first appear? What is the size and type of damage? Be sure to take photos for future reference.
2. Contact the contracting party directly => Who is your contractual partner? If the person who applied the plaster is a subcontractor and not your contractual partner, report the damage directly to the contractual partner, not the plasterer. If you hired the plasterer directly, then contact the executing company.
3. If possible, report the damage in writing so you have proof later in case of complications.
Since your question is a bit older: has there been any progress on this matter?
Best regards, Thomas463
But as I see it, a professional contractor has a duty to inspect and warn. If they cannot prove that they informed you they could not properly apply the material at the temperatures at that time, then in my opinion, the warranty should apply—unless it can be shown that the damage was caused by improper use by the client/owner.
However, when dealing with construction defects, I would primarily recommend:
1. Document everything => When did the issue first appear? What is the size and type of damage? Be sure to take photos for future reference.
2. Contact the contracting party directly => Who is your contractual partner? If the person who applied the plaster is a subcontractor and not your contractual partner, report the damage directly to the contractual partner, not the plasterer. If you hired the plasterer directly, then contact the executing company.
3. If possible, report the damage in writing so you have proof later in case of complications.
Since your question is a bit older: has there been any progress on this matter?
Best regards, Thomas463
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