Improper construction execution
August 31, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have a question regarding a complaint about the construction of our pool. We immediately complained about the faulty installation of the liner in the pool. The liner was installed in such a way that there were numerous folds at the bottom of the pool, approximately 30-50 folds up to 1m long and about 2cm high. In short, the liner looks like a pleated skirt. Due to lack of time, the issue was not resolved, as the installer had a private appointment with a notary and left our construction site. Every year we complained again and also withheld a portion of the money. The senior manager of the company assured us of a new liner, which he said was also in stock. In the meantime, the business has been taken over by the junior manager. He now says there is no liner in stock and he will only order one if we pay for the new one and the installation. This has been going on for over 6 years now. My question is: do we have the right to a new free liner, as well as the removal and installation of the new one?
Kind regards
Dear seeker of advice,
Thank you for your inquiry!
I would like to address your questions as follows, taking into consideration the facts you have provided and your commitment:
Based on your description, you have a legally enforceable right to the delivery and installation of the new liner. You have entered into a contract for services with the company regarding, among other things, the installation of the pool cover.
This work did not meet the agreed-upon or customary quality, so the company's work can be considered defective under § 633 of the German Civil Code.
The legal consequence, according to § 634 No. 1 of the German Civil Code, is that you can demand rectification, i.e., the laying of a new proper liner, under § 635 of the German Civil Code.
The company, or its successor, the junior, cannot bill you for these costs. According to § 635 (2) of the German Civil Code, the contractor must bear the necessary expenses for rectification, including transport, travel, labor, and material costs.
I hope this provides you with some initial legal guidance and wish you every success and all the best!
I would like to point out the following:
The legal advice I have given is based solely on the information you have provided. My response is only a preliminary legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Please feel free to contact me via email or the follow-up option if you have any further questions.
Wishing you a pleasant Monday evening!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
