ᐅ Window supplier does not deliver the agreed roller shutter box

Created on: 3 Jan 2021 08:58
S
susanne1234
Hello, 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.
K
knalltüte
4 Jan 2021 15:28
Well, I was at the construction site almost every day. Sometimes I just took a quick look and exchanged a few words with the tradespeople. But not when I sensed they were under pressure. I hope I never gave the impression that I wanted to supervise but rather admired the fast progress and appreciated the quality of the work. I often expressed this exactly as such.

My sister-in-law took care of the catering, bringing coffee and snacks to the site almost every day (which, fortunately, is only about 1km (0.6 miles) away from the office/apartment/house). Sometimes in the evenings, we cleared away leftover wood (by now, probably around 4-5m³ (140-175 cubic feet)). On a few occasions, we also took over tidying up the site because it got dark and wet and we had the chance.

Sometimes we also quickly went to the construction site when the master carpenter was on-site with questions (more like comments or suggestions for improvement) regarding certain owner-performed tasks or subcontracted trades. One thing is certain: "our" main contractor pays their workers properly. I can hardly expect an underpaid employee to contribute input or proactive thinking.

Our build went almost perfectly, or you could say: “we got lucky.” The few minor issues (I still see this way with the window installation, as we are basically the one-eyed person among the blind when it comes to installation quality) no longer bother me anyway.
A
apokolok
5 Jan 2021 14:11
Well, windows can definitely be properly installed using foam.
This method has also been used for decades.
Of course, compressible sealing tape is cleaner and possibly a bit more airtight, but in the end, it’s just a different approach.
11ant5 Jan 2021 14:19
apokolok schrieb:

Well, you can definitely install windows properly using foam.
That’s how it has been done for decades.
The whole spray foam thing is mainly a cowboy approach for big kids.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
K
knalltüte
5 Jan 2021 16:22
Yes, yes, the boy with the gun was already reported to have been "strutting" from window to window.