Hello everyone, I hope this is the right place for my question:
We have an uneven screed. It rises by 35cm (14 inches) over a distance, dropping more than 10mm (0.4 inches) towards the wall. Assuming this defect is undisputed. The floor covering was installed on the uneven surface. Although the uneven floor was noticed, it was not recognized as a construction defect (lack of knowledge about the situation).
After realizing the issue, the defect was reported to the construction company (by email). However, the company refused to fix the problem, stating that nothing could be done since the floor covering was installed without first checking the floor.
Is this correct? Is the company no longer responsible for repairing this defect? Or is it possible that the company must fix the defect but is not obliged to cover the costs of reinstalling the floor covering?
We have an uneven screed. It rises by 35cm (14 inches) over a distance, dropping more than 10mm (0.4 inches) towards the wall. Assuming this defect is undisputed. The floor covering was installed on the uneven surface. Although the uneven floor was noticed, it was not recognized as a construction defect (lack of knowledge about the situation).
After realizing the issue, the defect was reported to the construction company (by email). However, the company refused to fix the problem, stating that nothing could be done since the floor covering was installed without first checking the floor.
Is this correct? Is the company no longer responsible for repairing this defect? Or is it possible that the company must fix the defect but is not obliged to cover the costs of reinstalling the floor covering?
E
EarlyBird23 Apr 2015 22:29Hello Yvonne, thanks for your note, but we don’t have a conventional screed. Instead, a basement ceiling was constructed using a prefabricated method with (from top to bottom) sound insulation panels, then a 7cm (3 inch) concrete layer on a timber composite structure. (How this can happen under these circumstances is a mystery to me.)
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Bauexperte23 Apr 2015 23:59Good evening,
Unfortunately, some information is still missing.
Regards, Bauexperte
EarlyBird schrieb:This is certainly debatable; ask two experts and you’ll get three opinions.
The screed rises by 10 mm (0.4 inches) over the last 35 cm (14 inches) towards the wall. If I understood the mentioned DIN standard correctly, this is not allowed,
EarlyBird schrieb:Who approved the screed or the basement ceiling? Do you have experience installing parquet, or did you consider it manageable for yourself?
The floor is parquet installed as a DIY project. The shell construction was done by a prefabricated house company.
EarlyBird schrieb:Yes, definitely better; thank you. You can see the kind of answers a vague question produces. If the users had been better informed, some of the responses would probably have been different, in my opinion.
Better?
Unfortunately, some information is still missing.
Regards, Bauexperte
E
EarlyBird24 Apr 2015 06:51Bauexperte schrieb:
That’s certainly debatable; ask two experts and you’ll get three opinions. Could you explain that in more detail? Not just that it happens, but why there can be three different opinions on this specific issue?
Bauexperte schrieb:
Who approved the screed or the basement ceiling? I assume it was the site manager from the home building company.
Bauexperte schrieb:
Do you have experience installing parquet flooring, or did you just consider it manageable for yourself? If the question is whether I left a sufficiently large expansion gap – yes, I did. Otherwise, I don’t understand how this relates to answering my original question. As I wrote, I noticed the uneven floor before laying the parquet.
Bauexperte schrieb:
There is unfortunately still some information missing. Specifically?
EarlyBird schrieb:
If the question is whether I left a sufficiently large expansion joint – yes, I did. Otherwise, I don’t understand how that relates to answering my original question. As I mentioned, I noticed the uneven floor before laying the parquet. I assume that the following trade should have stopped working when the damage was observed, as continuing would mean accepting or worsening the damage. Since you say you identified the damage yourself, you cannot now expect the screed company to also be responsible for removing and reinstalling the parquet.
B
Bauexperte24 Apr 2015 11:24EarlyBird schrieb:
Could you elaborate on that? Not just confirming it exists, but why there can be three different opinions regarding this particular issue? Because it’s human nature? Regardless of profession or calling. There is no standard (DIN) that doesn’t allow at least some degree of interpretation.
EarlyBird schrieb:
I suspect the construction manager from the house building company. You suspect that, interesting. Have you clearly asked the construction manager whether the basement ceiling is even suitable for covering, or if leveling measures are required? There should have been an inspection before you began any work on your own, right?
EarlyBird schrieb:
As I mentioned, I noticed the uneven floor before installing the parquet. That is new to me in such clarity.
But to make it short — in my opinion, you can only blame yourself here. You did notice the uneven floor, but you didn’t file a complaint immediately and went ahead with the parquet installation anyway. So, you bear a significant part of the responsibility for the current situation, and I tend to believe that the supplier of the finished basement ceiling could not be held liable in a legal dispute, since they were only informed of a “possible” defect when it was already too late to remedy it. It will probably also be difficult to prove fault on the construction manager’s side because the acceptance was effectively done through your own work. A lawyer can tell you more about this, hopefully even one active in this forum. I’m just answering based on my daily experience; of course, I can be wrong.
Lawyers have a saying: ignorance does not protect from liability.
Regards, Bauexperte
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