ᐅ Water Damage Caused by Heating System. Warranty According to Construction Contract Procedures (VOB)
Created on: 21 May 2018 10:16
N
nowak222
Hello,
we had a turnkey build according to VOB. Sections 13 paragraphs 4 and 5 are included in the construction contract.
Last week, I discovered water damage in the heating cellar caused by the heat exchanger of the heating system’s fresh water module. I have no maintenance contract for the heating system. There is also (currently) no building insurance covering water damage.
The house was handed over at the end of May 2013.
In 2014, the (developer under warranty) repaired a leaking shut-off valve of the fresh water module.
In 2017, the (developer under warranty) replaced the automatic air vent of the heating system because it was leaking.
Who is now responsible for the defect of the module and the consequential damage (water damage)?
we had a turnkey build according to VOB. Sections 13 paragraphs 4 and 5 are included in the construction contract.
Last week, I discovered water damage in the heating cellar caused by the heat exchanger of the heating system’s fresh water module. I have no maintenance contract for the heating system. There is also (currently) no building insurance covering water damage.
The house was handed over at the end of May 2013.
In 2014, the (developer under warranty) repaired a leaking shut-off valve of the fresh water module.
In 2017, the (developer under warranty) replaced the automatic air vent of the heating system because it was leaking.
Who is now responsible for the defect of the module and the consequential damage (water damage)?
Water damage from plumbing leaks is usually always covered by building insurance, right? It’s not like storm or flood damage. Or do you not have building insurance? The costs for it when building a new house are really minimal and can save you from huge expenses. Besides, it’s almost always mandatory for any mortgage.
By the way: Is the limitation period under the construction contract law (VOB) 4 or 5 years? If it’s 5 years, the deadline is coming up soon. Of course, they will initially say no because it might get expensive and they know the deadline is approaching. With a 5-year warranty, it’s definitely worth considering getting a lawyer involved to put some pressure on.
Has the heating system not been serviced for 5 years now? Otherwise, the question is whether regular maintenance could have prevented this damage. No one can see a corroded tank, but wear parts might have been replaced. Without maintenance, the outlook is bleak, just like with a car: if you skip inspections and something breaks, there’s no warranty—or only through a lawyer and legal action.
In the end, you probably saved money in the wrong place. Now you can use the money saved on insurance and maintenance to repair the damage yourself. Dehumidifiers aren’t that expensive.
PS: Household contents insurance covers the damaged contents of the house. So if a cabinet stood in front of the heating system and got damp, it would be covered by household contents insurance. The same goes for anything else that was loose in the basement and got damaged by the water.
By the way: Is the limitation period under the construction contract law (VOB) 4 or 5 years? If it’s 5 years, the deadline is coming up soon. Of course, they will initially say no because it might get expensive and they know the deadline is approaching. With a 5-year warranty, it’s definitely worth considering getting a lawyer involved to put some pressure on.
Has the heating system not been serviced for 5 years now? Otherwise, the question is whether regular maintenance could have prevented this damage. No one can see a corroded tank, but wear parts might have been replaced. Without maintenance, the outlook is bleak, just like with a car: if you skip inspections and something breaks, there’s no warranty—or only through a lawyer and legal action.
In the end, you probably saved money in the wrong place. Now you can use the money saved on insurance and maintenance to repair the damage yourself. Dehumidifiers aren’t that expensive.
PS: Household contents insurance covers the damaged contents of the house. So if a cabinet stood in front of the heating system and got damp, it would be covered by household contents insurance. The same goes for anything else that was loose in the basement and got damaged by the water.
Unfortunately, I was mistaken; the last issue with the heating system was resolved in 2015.
The manufacturer of the domestic hot water module told me over the phone that the corrosion shown in my photos of the heat exchanger is not related to the maintenance.
Based on a 2018 report of my drinking water, two values are close to the limit for the "standard" heat exchanger. With these values, they would recommend the more expensive nickel-brazed version to prevent such corrosion. Did the builder use the wrong one for my groundwater? Is there anything I can do about it?
The manufacturer of the domestic hot water module told me over the phone that the corrosion shown in my photos of the heat exchanger is not related to the maintenance.
Based on a 2018 report of my drinking water, two values are close to the limit for the "standard" heat exchanger. With these values, they would recommend the more expensive nickel-brazed version to prevent such corrosion. Did the builder use the wrong one for my groundwater? Is there anything I can do about it?
H
HilfeHilfe22 May 2018 15:29munger71 schrieb:
Water damage is covered by contents insurance, not building insurance. Alex85 schrieb:
No contents were damaged at all, so where do you get that idea?
Water from pipes including heating is covered by building insurance, just like storm and fire. Correct. However, I agree with the previous comments about where the cost savings were made.
In my opinion, hiring a lawyer is not worth it here. This situation really feels like navigating the sea of justice.
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