ᐅ The site manager does not show up, does not conduct inspections, or seems indifferent to everything.
Created on: 29 May 2019 10:04
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Balduin
Hello everyone,
I need some advice from you professionals.
I am building with a company that markets itself as a "premium company" in its sector. That means I deliberately did not choose the cheapest company because I wanted to avoid a lot of trouble later on. Now I am paying a relatively high price and still facing many problems. Here is the situation.
The company seems to have only two site managers across all of Germany, and one of them has been assigned to us.
This company also uses subcontractors for almost every trade, which I am willing to accept as long as these works are supervised by someone.
Now to our specific case.
So far, the basement has been built and completely backfilled. The basement company is a subcontractor. By chance, I found out that the site manager has not even been on the construction site. As far as I know, there are certain construction phases during which the site manager must be present (isn’t that so?). For example, supervising the waterproofing of the basement or similar work.
Soon the house will be erected, and I was already told that the manager will only join “by phone.” That really upset me. But no matter how much I complain or demand, he does not seem to care at all. I now want to bring in an additional independent building expert to inspect the trades since I have lost some trust. Nevertheless, I want the company to fulfill its obligations properly as well.
Is there any legal aspect that can be considered here to force the company to carry out more thorough inspections? For example, an extension of the warranty period in cases of gross negligence or something similar? (In my opinion, gross negligence applies to anyone who fails to fulfill their duty of care, which would include regular inspections).
I would appreciate any information on how to handle cases like this.
Best regards,
Balduin
I need some advice from you professionals.
I am building with a company that markets itself as a "premium company" in its sector. That means I deliberately did not choose the cheapest company because I wanted to avoid a lot of trouble later on. Now I am paying a relatively high price and still facing many problems. Here is the situation.
The company seems to have only two site managers across all of Germany, and one of them has been assigned to us.
This company also uses subcontractors for almost every trade, which I am willing to accept as long as these works are supervised by someone.
Now to our specific case.
So far, the basement has been built and completely backfilled. The basement company is a subcontractor. By chance, I found out that the site manager has not even been on the construction site. As far as I know, there are certain construction phases during which the site manager must be present (isn’t that so?). For example, supervising the waterproofing of the basement or similar work.
Soon the house will be erected, and I was already told that the manager will only join “by phone.” That really upset me. But no matter how much I complain or demand, he does not seem to care at all. I now want to bring in an additional independent building expert to inspect the trades since I have lost some trust. Nevertheless, I want the company to fulfill its obligations properly as well.
Is there any legal aspect that can be considered here to force the company to carry out more thorough inspections? For example, an extension of the warranty period in cases of gross negligence or something similar? (In my opinion, gross negligence applies to anyone who fails to fulfill their duty of care, which would include regular inspections).
I would appreciate any information on how to handle cases like this.
Best regards,
Balduin
H
hampshire29 May 2019 19:54I know an architect in the neighborhood who worked for a while as a construction manager for a prefabricated house company. He is a highly respectable and quality-conscious person. His employer’s task was to handle any defects as cheaply as possible. He didn’t agree with that and eventually resigned.
You can try to insist on presence or commitment from your construction manager – but he serves someone else (as mentioned earlier). If you have even the slightest doubt about the build quality, hire your own professional.
You can try to insist on presence or commitment from your construction manager – but he serves someone else (as mentioned earlier). If you have even the slightest doubt about the build quality, hire your own professional.
Hi Balduin, unfortunately Frank is completely right. The construction manager works for their client, not for you. Even if you were perhaps told otherwise at the beginning. Your contract probably states something like: House X for price Y at date Z. That’s it. Intermediate stages are usually avoided, as are specific interim deadlines or very detailed descriptions of the construction work. It can still all go well, and you’ll find examples here in the forum, but it doesn’t have to. That’s exactly why I advise you to hire an independent expert yourself. They really work for you. Not because they are nice people, but because you pay them. At least what this expert documents during the construction phase will be taken more seriously later in disputes than your own notes, photos, etc. You may even congratulate yourself later for making that decision. It will increase the cost of the build by about 1 to 1.5%, which isn’t a huge amount.
The issue with the final payment went to court for us just like you might expect: there was a settlement of sorts. The general contractor ended up with about 5,000 less than they wanted. But it didn’t cover our frustration along the way or the legal fees. That didn’t matter to us though—it was more like: at least the general contractor (owner = managing director) gets financially penalized a little for all the stupidity during the process. 1 fewer trip to the Maldives for Monsieur and Madame. That’s how it went, and for us that was enough. No more patience. For you, as I said: good luck and stay strong! You’ll manage it.
The issue with the final payment went to court for us just like you might expect: there was a settlement of sorts. The general contractor ended up with about 5,000 less than they wanted. But it didn’t cover our frustration along the way or the legal fees. That didn’t matter to us though—it was more like: at least the general contractor (owner = managing director) gets financially penalized a little for all the stupidity during the process. 1 fewer trip to the Maldives for Monsieur and Madame. That’s how it went, and for us that was enough. No more patience. For you, as I said: good luck and stay strong! You’ll manage it.
Frank Hartung schrieb:
What many homeowners don’t realize is that a construction manager is not the representative of the homeowner’s interests,When the homeowner and the contractor are the same person or company (as with a developer), then yes – but only in that case. Homeowners often forget that it is their house, and therefore only their interests matter when it comes to making it nice. The contractor is satisfied with delivering a building that meets the standards or with ensuring that defects do not become obvious during the warranty period. Boxing in a pipe due to a forgotten channel in the drywall doesn’t bother them. A construction manager responsible for two dozen or more sites will, of course, rarely be seen where they know the regulars (and they also don’t have the time to personally welcome a garage installer whose arrival can only be scheduled within a plus or minus two-hour window). The homeowner reads in the scope of work that a construction manager will be provided and imagines that this person will personally guide the project with great care throughout the entire process. In reality, the scope of work should actually state that only one twenty-eighth of a construction manager will be assigned.https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Hello everyone,
Thank you very much for your feedback. It has been very helpful. Sometimes you first have to come to terms with certain facts (in this case: the realization that the construction manager is on the other side and is not necessarily there to constantly monitor the quality of the installed trades) and then try to handle the situation as best as possible. As recommended, I will hire an expert and also spend more time on the construction site myself, hoping to positively influence things at least somewhat in my favor.
Thank you all.
Balduin
Thank you very much for your feedback. It has been very helpful. Sometimes you first have to come to terms with certain facts (in this case: the realization that the construction manager is on the other side and is not necessarily there to constantly monitor the quality of the installed trades) and then try to handle the situation as best as possible. As recommended, I will hire an expert and also spend more time on the construction site myself, hoping to positively influence things at least somewhat in my favor.
Thank you all.
Balduin
H
hampshire31 May 2019 09:37I wish you good luck and hope that the person you hire is conscientious and still finds nothing.
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