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Emanrobin25 Dec 2022 10:27Hello,
I sent the message below to the foundation company. My questions are: who is responsible for the fact that no one informed me about the (missing) multi-utility house entry? Is it only the architect from abroad who did not (properly) inform himself about German regulations and drew incorrect plans/execution drawings, or is it also the construction company that implemented it as such? As can be read below, they contacted me about errors, but not about the most important issue.
And what if no formal handover (acceptance) took place?
Thank you in advance for your help.
Right of retention / Defect claims according to § 4 No. 7 VOB/B / No acceptance
First, you have not yet provided a plausible explanation for why the additional costs of approximately 450% for removing the excavated soil and constructing the driveway almost—but fortunately did not—occur. If I had fallen into your trap and paid the final invoice, I would be in a much worse position today.
Many defects have come to light, but I will first list the worst:
As a company, you are obliged to perform the work correctly and to inform customers if something does not meet current standards.
I am now at my wit’s end and don’t know how to proceed. Retrofitting the multi-utility house entry is tedious, expensive, dangerous, or even impossible. Furthermore, the contracted prefab house company refuses to carry out any more work.
I have been sleeping poorly for nights, and you contribute a lot to that as well.
I hereby demand that you rectify the defects described above by December 22, hire someone else to do so, or waive the final invoice as compensation for the poor workmanship.
If this does not happen, my legal counsel will take care of it.
I am entitled to claim damages, as damage has occurred. Due to the defect, other work can only be delayed or not carried out at all. Additionally, as the client, I have the right to withhold payments from interim invoices in the amount of twice the defect remediation costs.
You have therefore not completed my construction site as ordered and certainly not correctly.
P.S.: I do not recall any formal handover, nor do I recall you offering me (multiple) appointments for this. No site meeting minutes, no witnesses, no signature… I didn’t even know when you were finished.
No acceptance, no right to payment
Without formal acceptance, the invoice is not due. A reminder before the due date is ineffective, so the customer does not fall into default. Without default, the customer does not have to pay default interest or reimburse any legal enforcement costs of the contractor.
I sent the message below to the foundation company. My questions are: who is responsible for the fact that no one informed me about the (missing) multi-utility house entry? Is it only the architect from abroad who did not (properly) inform himself about German regulations and drew incorrect plans/execution drawings, or is it also the construction company that implemented it as such? As can be read below, they contacted me about errors, but not about the most important issue.
And what if no formal handover (acceptance) took place?
Thank you in advance for your help.
Right of retention / Defect claims according to § 4 No. 7 VOB/B / No acceptance
First, you have not yet provided a plausible explanation for why the additional costs of approximately 450% for removing the excavated soil and constructing the driveway almost—but fortunately did not—occur. If I had fallen into your trap and paid the final invoice, I would be in a much worse position today.
Many defects have come to light, but I will first list the worst:
- In both kitchens where the kitchen islands are located, empty conduits for the later installation of electrical cables were forgotten.
- That can happen, but what are sewer pipes (KG pipes) doing for the installation of electricity, water, and telecommunications in the house? Since 2017 at the latest, their use for this purpose has been prohibited in Germany. And don’t try to excuse this by saying it was drawn like that in the plans, because you did point out some things to me later that actually caused problems, such as a separate circuit for the water…
As a company, you are obliged to perform the work correctly and to inform customers if something does not meet current standards.
I am now at my wit’s end and don’t know how to proceed. Retrofitting the multi-utility house entry is tedious, expensive, dangerous, or even impossible. Furthermore, the contracted prefab house company refuses to carry out any more work.
I have been sleeping poorly for nights, and you contribute a lot to that as well.
I hereby demand that you rectify the defects described above by December 22, hire someone else to do so, or waive the final invoice as compensation for the poor workmanship.
If this does not happen, my legal counsel will take care of it.
I am entitled to claim damages, as damage has occurred. Due to the defect, other work can only be delayed or not carried out at all. Additionally, as the client, I have the right to withhold payments from interim invoices in the amount of twice the defect remediation costs.
You have therefore not completed my construction site as ordered and certainly not correctly.
P.S.: I do not recall any formal handover, nor do I recall you offering me (multiple) appointments for this. No site meeting minutes, no witnesses, no signature… I didn’t even know when you were finished.
No acceptance, no right to payment
Without formal acceptance, the invoice is not due. A reminder before the due date is ineffective, so the customer does not fall into default. Without default, the customer does not have to pay default interest or reimburse any legal enforcement costs of the contractor.
If something is missing in the construction plan, why should it be carried out anyway?
Of course, the company can kindly point it out, but as long as they follow the plan, they are delivering the agreed-upon service, right? Maybe your architect came up with something creative or unusual. Why don’t you contact the architect? German architects usually have appropriate insurance.
If, of course, you wanted to save money by hiring an architect from Tajikistan who is not familiar with German regulations, then I think “learning costs” will apply here...
Just my 2 cents
Of course, the company can kindly point it out, but as long as they follow the plan, they are delivering the agreed-upon service, right? Maybe your architect came up with something creative or unusual. Why don’t you contact the architect? German architects usually have appropriate insurance.
If, of course, you wanted to save money by hiring an architect from Tajikistan who is not familiar with German regulations, then I think “learning costs” will apply here...
Just my 2 cents
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Benutzer 100125 Dec 2022 12:10Oh dear
How can a foreign architect work in Germany? Basically not, so someone else is liable. Probably you as the client, depending on the contract.
A handover inspection is not a clear declaration of intent or however you want to call it.
You are only allowed to withhold the amount it costs to fix the defects.
How can a foreign architect work in Germany? Basically not, so someone else is liable. Probably you as the client, depending on the contract.
A handover inspection is not a clear declaration of intent or however you want to call it.
You are only allowed to withhold the amount it costs to fix the defects.
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Osnabruecker25 Dec 2022 12:16Missing from the list of responsible parties:
- The client who approved the construction drawings
- The client, or the person appointed by them for building supervision
- The client who approved the construction drawings
- The client, or the person appointed by them for building supervision
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Pinkiponk25 Dec 2022 12:18Offtopic schrieb:
How can a foreign architect work professionally in Germany? I am also interested in this. With the authorities, for the building permit / planning permission and so on, we had to submit the diploma of our architect and registration numbers (professional chambers? registry?) everywhere. With the utility companies, we also had to provide proof of qualification for various installers and their registration numbers (trade chambers? registry?).
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Emanrobin25 Dec 2022 12:24SoL schrieb:
If something is missing from the construction plan, why should it be carried out?
Of course, the company can kindly point it out, but as long as they follow the plan, they are delivering the required service, right? It might be that your architect came up with something unusual. Why don’t you contact the architect? German architects usually have professional liability insurance.
If you wanted to save money by hiring an architect from Tajikistan who isn’t familiar with the regulations in Germany, then I think “learning the hard way” will apply here...
Just my 2 cents But even if they had drawn a nuclear power plant in the plan, they still wouldn’t build it. They have asked me many times why something important wasn’t included.
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