ᐅ Window supplier does not deliver the agreed roller shutter box
Created on: 3 Jan 2021 08:58
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susanne1234S
susanne12343 Jan 2021 08:58Hello, we are currently in a new build project that was supposed to be delivered as a turnkey house. Unfortunately, we had major difficulties with the construction company and parted ways during the building process.
Now to the main issue. We received a quote from a window company, which we accepted. The company initially took rough measurements and then re-measured after the brickwork was done.
Our dissatisfaction started already at delivery. The windows were dragged directly over the concrete without any protection and simply placed against the masonry. Additionally, as laypersons, we noticed that the installation was improper. The windows were partially foamed only at the edge of the masonry with Styrofoam strips within the insulation layer, and no other fastenings were installed. Furthermore, all the external roller shutter boxes were 5cm (2 inches) too low in height and 10cm (4 inches) too shallow in depth, not matching the measurements from the quote. The internal and external sealing is also inadequate. We commissioned an inspector from the Association of Private Homeowners to review the defects and confirm them to the window installer again. Meanwhile, the windows are already sagging around the mid-rail area because they are not fastened to the lintel as required.
Unfortunately, we have already paid for half of the windows. Additionally, we have already sent the window installer a formal defect notification, but I do not expect the windows to be installed properly. Also, all 37 roller shutter boxes would need to be replaced.
Our lawyer says this will probably end up in court, and we will likely need to proceed with a judicial evidence preservation procedure. Moreover, a private expert report is usually rejected by the court. Of course, we cannot wait months for a court-appointed expert to inspect the matter. What options do we have, and what advice would you give us?
We are already under considerable time pressure due to delays caused by the first contractor.
No matter how much time pressure there is, proceed with the lawyer.
Anything else will cause even more problems.
If your window installer does not fix the issues, someone else will.
Take a deep breath, work through everything calmly, and then move on. Try to keep emotions out of it.
Anything else will cause even more problems.
If your window installer does not fix the issues, someone else will.
Take a deep breath, work through everything calmly, and then move on. Try to keep emotions out of it.
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susanne12343 Jan 2021 13:03rick2018 schrieb:
No matter how tight the deadline is, consult a lawyer.
Anything else will cause even more problems.
If your window installer does not resolve the issues, someone else will take care of it.
Take a deep breath, work through everything objectively, and then move forward. Try to keep emotions out of it. Who here has gone through this process and can share their experiences?
Wolkensieben3 Jan 2021 13:04Hello, I’m very sorry for your situation. What does your site manager say about this?
Regarding the windows: what does your inspector say? Is it possible to remove the windows and reinstall them properly?
The goal must be to fix this as quickly as possible, so it doesn’t end up in court. That process can take not just months but probably much longer.
If yes, then try to handle everything through a lawyer, including delays and so on. It may be that, as with ping-pong, there will be back-and-forth communication, allowing you to take matters into your own hands if the builder is repeatedly asked to fix the defects. Unfortunately, it can also take months before you are allowed to intervene yourself. The whole process must be able to withstand legal scrutiny if necessary. I think it’s good that you withheld payment; you could initially use that money for repairs and legal costs if needed.
Even if the window installer sues you and your report isn’t accepted, you have documentation that a court can use to appoint an expert. The window installer must pay for that expert initially.
If someone is going to sue, let the builder take that step. Not you. They had their chance to do it right.
Regarding the termination: Did you build using a turnkey contract? In other words, you own the land, and a planner handles the rest, including appointing the site manager and architect, as well as all subcontractors?
Did you also deliver the termination notice through a lawyer?
Best regards ☁️ Wolke
Regarding the windows: what does your inspector say? Is it possible to remove the windows and reinstall them properly?
The goal must be to fix this as quickly as possible, so it doesn’t end up in court. That process can take not just months but probably much longer.
If yes, then try to handle everything through a lawyer, including delays and so on. It may be that, as with ping-pong, there will be back-and-forth communication, allowing you to take matters into your own hands if the builder is repeatedly asked to fix the defects. Unfortunately, it can also take months before you are allowed to intervene yourself. The whole process must be able to withstand legal scrutiny if necessary. I think it’s good that you withheld payment; you could initially use that money for repairs and legal costs if needed.
Even if the window installer sues you and your report isn’t accepted, you have documentation that a court can use to appoint an expert. The window installer must pay for that expert initially.
If someone is going to sue, let the builder take that step. Not you. They had their chance to do it right.
Regarding the termination: Did you build using a turnkey contract? In other words, you own the land, and a planner handles the rest, including appointing the site manager and architect, as well as all subcontractors?
Did you also deliver the termination notice through a lawyer?
Best regards ☁️ Wolke
Wolkensieben3 Jan 2021 13:05susanne1234 schrieb:
Who has already taken this path and can share their experiences with me?We have.S
susanne12343 Jan 2021 14:14How did things turn out for you?
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