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.
Home2016 schrieb:
I appreciate the response from Bau-Bausachverständigen—it's factual and hopefully constructive. However, he also writes:
Bau-Bausachverständigen schrieb:
Furthermore, lawyers have the legal and rhetorical skills to create an extensive pressure strategy. The developer will only respond once they feel under pressure. —and applying this kind of pressure through a lawyer becomes difficult if the client has already threatened the other party thirty times with a pea shooter. It’s not Nordlys’s reply that is arrogant, but rather the reality accurately described in it. Sending emails is like throwing cotton balls—that won’t shake a sailor, and certainly won’t faze an incompetent builder.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
G
GibMichRot15 Aug 2018 17:41In my opinion, it is arrogant behavior on the part of the builder not to respond to the customer anymore. I believe one must abandon the misconception that the builder aims for maximum customer satisfaction; rather, they are primarily thinking about their own financial gain.
The suggestion from the construction experts to pursue a court-appointed expert procedure involves significant costs. This means filing a lawsuit in court, advancing the court fees, and then commissioning an expert appointed by the court, whose costs also have to be paid upfront. On top of this come the costs for your own lawyer and, if you lose, the costs for the builder’s lawyer as well. Several thousand euros can quickly add up here; for a dispute value of, say, 25,000€ (approximately $27,000), you could easily be required to advance 10,000€ (around $11,000).
The second advice, to use the withheld funds for defect repairs, is quite a risky move. In principle, the builder has the right to make corrections in case of defects, meaning you must grant them the opportunity—sometimes multiple times—to fix the issues. If you interfere with this right and nullify it by repairing the defects yourself without caution, the builder will rightly demand the outstanding and withheld amount, resorting to the courts with the usual additional costs and interest of 5% above the base rate on the claimed sum.
I think, as a rule, one will not be able to avoid hiring a lawyer, since it is very easy to end up in a legal gray area, which can become very costly very quickly, especially in cases of construction defects.
The suggestion from the construction experts to pursue a court-appointed expert procedure involves significant costs. This means filing a lawsuit in court, advancing the court fees, and then commissioning an expert appointed by the court, whose costs also have to be paid upfront. On top of this come the costs for your own lawyer and, if you lose, the costs for the builder’s lawyer as well. Several thousand euros can quickly add up here; for a dispute value of, say, 25,000€ (approximately $27,000), you could easily be required to advance 10,000€ (around $11,000).
The second advice, to use the withheld funds for defect repairs, is quite a risky move. In principle, the builder has the right to make corrections in case of defects, meaning you must grant them the opportunity—sometimes multiple times—to fix the issues. If you interfere with this right and nullify it by repairing the defects yourself without caution, the builder will rightly demand the outstanding and withheld amount, resorting to the courts with the usual additional costs and interest of 5% above the base rate on the claimed sum.
I think, as a rule, one will not be able to avoid hiring a lawyer, since it is very easy to end up in a legal gray area, which can become very costly very quickly, especially in cases of construction defects.
GibMichRot schrieb:
The second tip, using withheld funds to cover defect repairs, is quite a risky matter.No. This can be secured fairly quickly with documented requests and setting proper deadlines (lawyer!). The problem is usually that the retention amount is too low, meaning an overpayment has been made.
H
HilfeHilfe15 Aug 2018 20:08Well, David versus Goliath….
RFR schrieb:
You do realize that the original poster hasn’t been online for over six months and probably won’t respond.So? Does that make the topic any less interesting?
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