Defective tiles in construction.
August 19, 2009 | 30,00 EUR | answered by Andreas Scholz
We had a bathroom tiled, and it was tiled very poorly. There were differences in height and the width of the joints varied greatly. An expert opinion has already been prepared. The bathroom will be completely retiled. The price for the new installation exceeds the price of the old tiler. What costs must the old tiler bear if he restores the original condition? Can the higher costs be claimed from him and can compensation be demanded?
Dear inquirer,
In your case, the law on contracts for work and the provisions on warranties contained therein apply.
If you have not set a deadline for the old tiler to remedy the defect, you should do so as soon as possible. Only if the old tiler refuses to remedy the defect - as his work was defective - or lets a deadline set by you pass, can you remedy the defect in his performance yourself or have it remedied, and demand reimbursement for the costs incurred for you, §§ 634 No. 2, 635, 637 para. 1 BGB.
I hope this helps. If you have any questions, please feel free to ask.
Best regards,
Andreas Scholz, Attorney
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