ᐅ Windowpane never replaceable again

Created on: 4 Mar 2016 11:51
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Peanuts74
A question for any legal experts or people who have had similar experiences.
We have a U-shaped reinforced concrete staircase (double turn without an intermediate landing) from the basement (at street level on the street side) up to the ground floor.
“Behind” the staircase is a window to let in more light in the stairwell, so the lights don’t have to be on during the day.
The window is fixed, meaning it is not designed to open (no handle or anything).
So far, so good. We recently considered installing a partially frosted glass pane to reduce visibility of the staircase from outside. At that point, we realized the glass would likely never be removable because the staircase extends all the way to the wall.

The question now is, is it considered a (hidden) defect if a windowpane cannot be replaced without either seriously damaging the staircase or chipping away part of the interior plaster and masonry?
This is not about the other glass for now, since you could use a film in the basement window. But I wonder who would cover the additional costs if the pane, for example, breaks at some point. As mentioned, the wall above the window would have to be partially opened up to pull the pane out upward.

Thank you very much for any answers, opinions, or possibly similar rulings or legal references...
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Bauexperte
12 Apr 2016 18:34
@alter

As far as I remember, you signed a contract with a provider known for very low prices; please correct me if I am wrong. You don’t seriously believe that the responsible architect (who is paid comparable to the offers) will put in any extra effort beyond positioning his employer in the market, do you?

Everything has its price; including architects who think ahead


Bauexperte
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alter0029
12 Apr 2016 18:44
Is my provider known as very affordable? I actually know much cheaper ones. By the way, until recently they worked with an architect who clients I met were very satisfied with. However, they then "got rid of" him.
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alter0029
12 Apr 2016 19:29
In the meantime, I personally have found a consulting architect who has a good reputation in our area. They will closely review the plans, have already examined the latest versions, and will later supervise the construction. Whether affordable or not, affordable doesn’t necessarily mean sloppy. Right?
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alter0029
12 Apr 2016 19:54
But strictly speaking, this has nothing to do with this article here. It is about whether it is a design flaw if the windowpane cannot be replaced without remodeling half of the house. I would consider seeking advice from the architects' association and possibly consulting a lawyer... or just hope that nothing happens.
By the way, I think the idea of a shatterproof glass pane is very good... if it is truly shatterproof.
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Bauexperte
12 Apr 2016 21:07
Again – this is _not_ a planning error. Repeating it does not change that.

Even non-experts should be assumed to think critically. After all, they are capable of making decisions regarding each house construction.

Bauexperte
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Peanuts74
13 Apr 2016 07:01
Bauexperte schrieb:
Once again – this is _not_ a planning error. Repeating it doesn’t change that.

Even non-professionals can be expected to think things through. After all, they are capable of deciding on a house build themselves.


Bauexperte

I have to respond to this again. I find it presumptuous to claim that someone who has never installed a window should be able to see from the plan that although a window can be installed, later on, the glass cannot be replaced due to less than 10cm (4 inches) of clearance.

That would be like saying all VW customers should have known that, for example, the stated exhaust emissions could not be accurate, and so on.