Hello everyone,
Since we have tried everything imaginable and don’t know what else to do, I hope to get some advice here that might help us out of this predicament.
Brief introduction:
At the end of 2016, we signed the contract for our own home with Deutsche Fertighaus Holding Group (Allkauf Haus). At the beginning of 2017, the foundation slab was finally laid and our house was erected. We also purchased the finishing work, including electrical and plumbing services, through Deutsche Fertighaus Holding. The subcontractors for these services were provided by Deutsche Fertighaus Holding.
During the construction of our house, issues kept arising that should not have happened.
- Roof not sealed properly
- Wet insulation installed
- Doorways and openings built too small at the factory
- Electrical wiring forgotten during pre-assembly
- Cigarette butts pushed into the holes for power outlets
- Front door scratched
- Several electrical cables accidentally drilled into
- and so on, and so on, and so on.
But what homeowner hasn’t faced problems like these? Some more, some less.
I don’t want to burden you with the long version of the story, so – to cut a long story short:
We have been living in our house since mid-2017, and there are still unresolved defects that have not been fixed.
- Window sills not installed according to standards, causing loud echoing when it rains
- Skim coat work at level Q2 throughout the house (walls, ceilings) / construction manager of Deutsche Fertighaus Holding claims “this is more like Q0”
- Underfloor heating circuit for the living area partly installed in the ground floor hallway
- Hot water takes over 50 seconds to reach the standard 60 degrees Celsius (140°F), sometimes well over one minute, and uses over 5 liters of water (energy-saving house?)
- Scratched window frames from sanding work
- Scratches on the front door
We have been trying to reach an agreement with the developer for half a year now. We have sent more than 30 emails in an attempt to find a mutually satisfactory solution. The only response we ever receive is always the same: “Your complaint has been forwarded to the responsible department,” but apparently the processing stops right there.
Currently, we have withheld a portion of the purchase price guarantee, which is now held in a bank account.
Deutsche Fertighaus Holding has not contacted us for 3 months and no longer responds to emails. Since most legal expenses insurance policies, including ours, have a new build clause that excludes legal coverage, we are unable to take legal action against the company without risking significant financial loss. However, our insurer provided us with a lawyer as a mediator, who has tried to mediate between us and Deutsche Fertighaus Holding. Unfortunately, there was no response to her either.
Now we don’t know what to do anymore. We have given Deutsche Fertighaus Holding a deadline by which the defects must be remedied. Should Deutsche Fertighaus Holding fail to properly, professionally, permanently, and according to recognized standards fix the defects or find a mutually satisfactory and final solution, we will use the withheld remaining amount to cover the costs of repairs ourselves or hire a company of our choice.
Since the company no longer communicates, we also cannot access the money withheld in the bank. The only way would be a waiver letter from Deutsche Fertighaus Holding. But this is exactly where the problem lies.
Maybe you have some advice for us.
Thank you in advance.
Since we have tried everything imaginable and don’t know what else to do, I hope to get some advice here that might help us out of this predicament.
Brief introduction:
At the end of 2016, we signed the contract for our own home with Deutsche Fertighaus Holding Group (Allkauf Haus). At the beginning of 2017, the foundation slab was finally laid and our house was erected. We also purchased the finishing work, including electrical and plumbing services, through Deutsche Fertighaus Holding. The subcontractors for these services were provided by Deutsche Fertighaus Holding.
During the construction of our house, issues kept arising that should not have happened.
- Roof not sealed properly
- Wet insulation installed
- Doorways and openings built too small at the factory
- Electrical wiring forgotten during pre-assembly
- Cigarette butts pushed into the holes for power outlets
- Front door scratched
- Several electrical cables accidentally drilled into
- and so on, and so on, and so on.
But what homeowner hasn’t faced problems like these? Some more, some less.
I don’t want to burden you with the long version of the story, so – to cut a long story short:
We have been living in our house since mid-2017, and there are still unresolved defects that have not been fixed.
- Window sills not installed according to standards, causing loud echoing when it rains
- Skim coat work at level Q2 throughout the house (walls, ceilings) / construction manager of Deutsche Fertighaus Holding claims “this is more like Q0”
- Underfloor heating circuit for the living area partly installed in the ground floor hallway
- Hot water takes over 50 seconds to reach the standard 60 degrees Celsius (140°F), sometimes well over one minute, and uses over 5 liters of water (energy-saving house?)
- Scratched window frames from sanding work
- Scratches on the front door
We have been trying to reach an agreement with the developer for half a year now. We have sent more than 30 emails in an attempt to find a mutually satisfactory solution. The only response we ever receive is always the same: “Your complaint has been forwarded to the responsible department,” but apparently the processing stops right there.
Currently, we have withheld a portion of the purchase price guarantee, which is now held in a bank account.
Deutsche Fertighaus Holding has not contacted us for 3 months and no longer responds to emails. Since most legal expenses insurance policies, including ours, have a new build clause that excludes legal coverage, we are unable to take legal action against the company without risking significant financial loss. However, our insurer provided us with a lawyer as a mediator, who has tried to mediate between us and Deutsche Fertighaus Holding. Unfortunately, there was no response to her either.
Now we don’t know what to do anymore. We have given Deutsche Fertighaus Holding a deadline by which the defects must be remedied. Should Deutsche Fertighaus Holding fail to properly, professionally, permanently, and according to recognized standards fix the defects or find a mutually satisfactory and final solution, we will use the withheld remaining amount to cover the costs of repairs ourselves or hire a company of our choice.
Since the company no longer communicates, we also cannot access the money withheld in the bank. The only way would be a waiver letter from Deutsche Fertighaus Holding. But this is exactly where the problem lies.
Maybe you have some advice for us.
Thank you in advance.
I don’t think anything is moving forward anymore. The contractor caused defects, and the client withheld payment. From the contractor’s perspective, the game is over, they write off the money, and the involved tradespeople had their invoices reduced—case closed. On to the next build, looking back only slows us down, we are swamped. The guy shouldn’t make such a fuss; there’s always something, and he can have the defects fixed with the withheld money by the property maintenance service Allesgeht. Waiver letter? The guy must be joking. We never waive anything; we just keep quiet for a while.
Maybe something like this: A lawyer sends a letter to the contractor. The message: We are withholding payment and using the money to fix the defects. If we don’t hear from you by xyz date, we will consider it a waiver of the remaining payment, and in that case, we would also waive defect repairs on your part.
But not as your 32nd email! Nobody takes you seriously then. That guy who floods with emails? We just put him in the spam folder. Karsten
Maybe something like this: A lawyer sends a letter to the contractor. The message: We are withholding payment and using the money to fix the defects. If we don’t hear from you by xyz date, we will consider it a waiver of the remaining payment, and in that case, we would also waive defect repairs on your part.
But not as your 32nd email! Nobody takes you seriously then. That guy who floods with emails? We just put him in the spam folder. Karsten
H
HilfeHilfe17 Apr 2018 22:42Nordlys schrieb:
I think nothing is moving forward anymore. The contractor caused defects, and the client withheld payment. From the contractor’s perspective, the case is closed, the money is written off, and the craftsmen involved had reductions in their invoices, done and dusted. Next project, looking back only slows us down, we are up to our ears in work. The man shouldn’t be making such a fuss, there are always issues, and he should just fix the defects using the money withheld from the house and garden service Allesgeht. Waiver letter? That guy is crazy. We never give up; we just keep quiet for a while.
Maybe something like this: A lawyer sends a letter to the contractor. The gist: We withhold and use the money to fix defects. If we don’t hear from you by xyz date, we will consider this a waiver of the remaining payment, and in return, we would waive any claims for defect repairs from you.
But not as the 32nd email! Nobody takes you seriously then. That’s the one who keeps sending conflicting emails; we just put those in the spam folder. KarstenI want to have a child with you ))))G
GibMichRot14 Aug 2018 12:35Before going directly to a lawyer, the following step might help:
Draft a letter describing the defects as precisely as possible, preferably with photos and witnesses:
Hereby, we inform you about the following defects regarding our construction project (address, customer number, etc.):
- A is not acceptable
- B is not acceptable
- ...
We request that you provide a binding statement by (approximately 2 weeks later, exact date, e.g., August 30, 2018), acknowledging the aforementioned defects and your warranty obligations concerning these defects, along with suitable proposals for their correction.
For the final correction of the defects, we set a deadline (appropriate period again) until September 14, 2018.
If it is not possible for you to complete the defect correction within the specified deadline, please inform us by when you expect the correction can be completed.
If these deadlines expire without results, we will have the defects corrected ourselves (self-performance).
Kind regards
...
If the company does not respond by the first deadline (here August 30), they are considered to be in default, and you are entitled to claim default-related costs (i.e., legal fees). Since the company apparently does not respond anymore, this could be a simple attempt to obtain legal advice for free after the first deadline expires. Before proceeding with self-performance, especially for high costs, I would first consult a lawyer after the first deadline has passed. Also, send the letter by registered mail with a delivery receipt, possibly scan the signed letter beforehand and send the PDF by email to the builder. It is best to have a witness present when you submit the letter at the post office.
Draft a letter describing the defects as precisely as possible, preferably with photos and witnesses:
Hereby, we inform you about the following defects regarding our construction project (address, customer number, etc.):
- A is not acceptable
- B is not acceptable
- ...
We request that you provide a binding statement by (approximately 2 weeks later, exact date, e.g., August 30, 2018), acknowledging the aforementioned defects and your warranty obligations concerning these defects, along with suitable proposals for their correction.
For the final correction of the defects, we set a deadline (appropriate period again) until September 14, 2018.
If it is not possible for you to complete the defect correction within the specified deadline, please inform us by when you expect the correction can be completed.
If these deadlines expire without results, we will have the defects corrected ourselves (self-performance).
Kind regards
...
If the company does not respond by the first deadline (here August 30), they are considered to be in default, and you are entitled to claim default-related costs (i.e., legal fees). Since the company apparently does not respond anymore, this could be a simple attempt to obtain legal advice for free after the first deadline expires. Before proceeding with self-performance, especially for high costs, I would first consult a lawyer after the first deadline has passed. Also, send the letter by registered mail with a delivery receipt, possibly scan the signed letter beforehand and send the PDF by email to the builder. It is best to have a witness present when you submit the letter at the post office.
Nordlys schrieb:
I think nothing is moving forward anymore. The contractor caused defects, and the client withheld payment. From the contractor’s point of view, the deal is done, the money is written off, and the craftsmen involved received a reduction on their invoices—end of story. Next project, looking back just holds you back, we are completely overwhelmed. The guy shouldn’t make such a fuss; there’s always something, and he can have the defects fixed using the withheld funds by the full-service company Allesgeht that handles the property. Waiver letter? That guy’s crazy. We never waive; we just keep quiet for a while.
Maybe this: a lawyer sends a letter to the contractor. The gist: We withhold and use the money for defect correction. If we don’t hear from you by XYZ, we will consider that a waiver of the remaining payment, and in that case, we would also waive defect correction from your side.
But not as the 32nd email! Nobody takes you seriously then. The one who keeps backtracking in emails, we just put those in the spam folder. Karsten