My craftsman did a sloppy job, what steps can I take?
October 14, 2023 | 40,00 EUR | answered by Simon Büchner
Dear Civil Law Attorney,
I am contacting you because I recently worked with a tradesman who did sloppy work. I hired him to perform some renovation work in my house, however, I am very dissatisfied with the results. There are uneven surfaces on the walls, color discrepancies, and also some defects in the execution of the work.
I have already tried to request the tradesman to rectify the work, however, he is not responding to my inquiries. I am concerned that I could be held responsible for the tradesman's mistakes and I am wondering what steps I can take to enforce my right to proper and defect-free work.
Could you please explain to me what legal actions I can take against the tradesman to receive appropriate compensation or rectification? Are there any specific deadlines I need to adhere to in order to assert my claims? How can I prove that the tradesman's work is defective?
I thank you in advance for your support and advice on this matter.
Sincerely,
Ingo Meier
Dear Mr. Meier,
Thank you for your inquiry regarding the unsatisfactory renovation work performed by a craftsman in your house. It is understandable that you are unhappy with the result and are considering how to enforce your right to proper and defect-free work.
In such cases, you generally have various legal options to take action against the craftsman and obtain appropriate compensation or rectification. Firstly, you should make a written complaint to the craftsman and give him a reasonable deadline to rectify the defects. It is important that you document all defects in detail and, if necessary, support them with photos or other evidence.
If the craftsman does not respond or rectify the defects to your satisfaction even after the deadline, you can consult a specialist lawyer in civil law. They will assess with you which further legal steps are possible. Usually, rectification of defects through improvement, reduction of the agreed price, or in the worst case scenario, even cancellation of the contract can be demanded.
To enforce your rights, it is important that you bear the burden of proof for the defective work of the craftsman. For example, an expert opinion from an expert or testimonies from individuals who have seen the defective work can help you. It is also important to document all communication with the craftsman in writing to be able to prove, in case of dispute, that you have requested rectification of defects.
Regarding possible deadlines, it should be noted that the limitation period for defect claims is usually five years. Therefore, it is advisable not to wait too long to enforce your rights to avoid the risk of your claims becoming time-barred.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Simon Büchner
