ᐅ Scratches on Front Window – Construction Company Claims No Defect

Hello,

We have been living in our new house since September last year. So far, there have been no problems, and minor issues were quickly addressed by the construction company. However, on a sunny day in December, I noticed small but noticeable scratches about 1.5 meters (5 feet) high and approximately 1 meter (3 feet) wide on the outside of one of the front windows.

These scratches were not noticed during the final inspection. The window installer came by and said that the damage must have occurred during construction. Now, the construction company has told me that the scratches are not visible from a distance of 1 meter (3 feet) and therefore do not count as a defect. Unfortunately, they are visible.

How should I proceed from here?

Regards,
Frank

Well, you moved in September, and in December you noticed scratches that were not visible during the handover. The construction company will likely try to avoid responsibility, arguing that the scratches could have been caused during window cleaning. Therefore, it will probably be considered clearly your issue.

Hello Frank, this is an unfortunate situation. The quality of window glass is described in the "Guideline for the Assessment of Visual Quality of Glass in Construction." However, this is not a standard or regulation and therefore only serves as a recommendation, even though it has been referred to for a long time. The focus is regularly placed on functionality and usability, while aesthetics take a back seat. Consequently, it will likely be very difficult legally, especially since there is no proof that the defect existed at the time of handover.

There are cleaning products that can reduce such scratches – try testing on an inconspicuous spot first. However, if it is continuously annoying, replacing the pane will cost about the same as a legal dispute.

Yes, it’s an awkward situation.
I can understand both you and the construction company. You should have checked everything carefully during the handover – though realistically, few people do that in such detail.
But the construction company also doesn’t want to pay for defects they might not be responsible for.

However, a window pane like that doesn’t cost a fortune, so there’s no need to be upset for days.

Maybe there’s a neighbor’s kid who enjoys playing soccer on the street by the house and has a good shot...?

Thanks for the answers! I had a feeling it would be like that.
Well, as the saying goes: you never achieve 100%, but 99% is pretty close.

Best regards,
Frank