Hello,
we built in a new development area where the roads had not yet been properly constructed.
Our construction company poured the foundation slab relatively high (about 50cm (20 inches) higher than the other buildings). The driveway paving was not included at that time. We hired a paving company to install the driveway. Now that the local authority has started road construction, it turns out that our driveway cannot be connected to the road. The driveway is about 15-20cm (6-8 inches) too high. The paving company wants to adjust the driveway for €2000. But is this reasonable? Shouldn’t the construction company have aligned with the other houses and coordinated with the local authority regarding the road? I was never asked to provide any documents related to the road. Does anyone have experience with this?
we built in a new development area where the roads had not yet been properly constructed.
Our construction company poured the foundation slab relatively high (about 50cm (20 inches) higher than the other buildings). The driveway paving was not included at that time. We hired a paving company to install the driveway. Now that the local authority has started road construction, it turns out that our driveway cannot be connected to the road. The driveway is about 15-20cm (6-8 inches) too high. The paving company wants to adjust the driveway for €2000. But is this reasonable? Shouldn’t the construction company have aligned with the other houses and coordinated with the local authority regarding the road? I was never asked to provide any documents related to the road. Does anyone have experience with this?
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Username_wahl18 Aug 2016 14:50I find it quite surprising that the homeowner, who is a layperson, is always blamed for everything, while the tradesperson, who is a professional and knows exactly what matters, is never held responsible. Should we also have to explain to a surgeon how to perform an operation and that we expect a successful treatment outcome?
The client was aware of the future street level, but the contractor was not. So who had the advantage in terms of information? Who could have easily passed on the information but didn’t?
Of course, the contractor could have asked about the height. But when I place an order, I have to at least communicate how the final result should look.
Even as a layperson, you can go and check in the evening if everything fits. Then maybe only the curbstones would have been in place. If you are not able to do this, there are experts and site managers who can do this for a small fee.
However, you seemed to have been satisfied with the result for about six months. So why would the contractor have done something different?
But blaming the contractor six months later because the driveway doesn’t work due to the client not providing height information strikes me as almost cheeky.
Of course, the contractor could have asked about the height. But when I place an order, I have to at least communicate how the final result should look.
Even as a layperson, you can go and check in the evening if everything fits. Then maybe only the curbstones would have been in place. If you are not able to do this, there are experts and site managers who can do this for a small fee.
However, you seemed to have been satisfied with the result for about six months. So why would the contractor have done something different?
But blaming the contractor six months later because the driveway doesn’t work due to the client not providing height information strikes me as almost cheeky.
As long as you don’t post the exact wording of the written contract here, it’s all just guesswork. Because that’s what really matters when things get serious.
Whether someone should have thought about or informed others is secondary at first, as long as you don’t know what was actually commissioned.
From experience, contractors often keep their quotes quite basic so they can avoid being pinned down to specific details. However, this doesn’t always work out well...
So again:
Post the signed contract in full wording, then it will be possible to determine whether the contractor might be liable for damages. If it doesn’t say something like “from level x to level y,” it’s probably a dispute and, given the value of the dispute, likely not worth going to court.
If there is something usable in the contract, it still doesn’t make pursuing legal action more profitable, but it can quickly make it clear to the contractor that a settlement would be reasonable.
Whether someone should have thought about or informed others is secondary at first, as long as you don’t know what was actually commissioned.
From experience, contractors often keep their quotes quite basic so they can avoid being pinned down to specific details. However, this doesn’t always work out well...
So again:
Post the signed contract in full wording, then it will be possible to determine whether the contractor might be liable for damages. If it doesn’t say something like “from level x to level y,” it’s probably a dispute and, given the value of the dispute, likely not worth going to court.
If there is something usable in the contract, it still doesn’t make pursuing legal action more profitable, but it can quickly make it clear to the contractor that a settlement would be reasonable.
Did you approve the work?
This is a bit of a guessing game here, as we don’t know the exact scope of your contract... But one thing seems clear: you did not instruct to include the final height, otherwise it probably wouldn’t have been cast in concrete.
As far as I know, the common practice is to work provisionally at first, and then the tradesperson completes the final finishing later.
This is a bit of a guessing game here, as we don’t know the exact scope of your contract... But one thing seems clear: you did not instruct to include the final height, otherwise it probably wouldn’t have been cast in concrete.
As far as I know, the common practice is to work provisionally at first, and then the tradesperson completes the final finishing later.