The conditions on the Zurich Zwicky cases are complex, where the move-in date up to a dozen Times was postponed and the buyer of the condos had to complain after the entry of a number of shortcomings, not the individual. To Bungling in the construction of it. An average of 15 defects per unit of the ETH Zurich a few years ago counted in a study. She appreciated the Switzerland-wide costs for their repair to more than 1.7 billion Swiss francs per year.
experts disagree on whether Bungling increases in the construction. “Because it was never built so much and so fast as it is today,” says Kristina Kröger, President of the professional group of tree ediation Switzerland. But the fact is that sub-contractors are financially and temporally under strong pressure. Often ask the General contractor and sub-contractors to push the liability to blame each other. To protect the owner against the unpleasant consequences of this development are the following:
From the beginning, experts should be involved,
anyone Who buys, builds a home or condominium, does the most for the first and perhaps the only Time in my life, has idea, therefore, of craft and of legal issues, usually little. Therefore, it is important to let the contracts of the experts in building legislation, examine questions, says Giorgio Giani, the head of construction management at the Zurich house owners Association (HEV). Baujuristen, are suitable according to Giani reuhänder or architects with the appropriate knowledge Builds.
Pay according to construction progress
in Order to secure the control over the execution of the Work, the Pay to progress a practical tool: The in-between steps, the Builder of one skilled in the art can be removed. Will be paid only when the Work is carried out to the satisfaction. “You have to hold in the contract,” says Giani. The General contractor, tolerate, according to Giani, however, often no third parties on the site. You yourself are a Builder, one can Deposit a final payment of 10% of the construction sum on a blocked account. The money will be paid only if any construction defects are fixed.
Detailed building specifications in the contract
Detailed Baubeschriebe in the agreements, according to Giani particularly important. “Often it comes to later disputes because contracts are not precise.” Craftsmen to set this according to your ideas, or so that the margin is right for you, the client, is often not satisfactory. Superficial formulations, such as “wood window” need to be avoided. “So one buys the cat in the bag,” says Giani. Also when it comes to safety aspects, it is necessary to call the corresponding norms explicitly. However, the expert admits, would the seller often argue that vague descriptions are to accept, you would find other buyers.
SIA-Norm 118, and of the final building set
the standard 118 of the Swiss society of engineers and Architects (SIA) in the contract, rügen builders in the first two years after Handover of the object for defects. For the acceptance of work with the General contractor, Giani recommends, a specialist is called in, the time and a clean log. “A professional who knows the standards and defects meticulously writes down is worth Gold.” Because often it means, that defects will be accepted if they were at the time of building needs to be visible, but were not logged. A pre-acceptance three weeks prior to the subscription benefits. Coarser defects can be fixed in this time.
construction defects correctly
rügen Visible defects, the contractor must resolve within two years of acceptance. For example, cracks in the wall plates, or loosening of the wall plaster. A further three years the warranty applies to defects in the case of hidden. According to Giani is not enough, however, to give notice of the defects by registered letter to the construction company. “Only if the artisan agrees to fix the defect or extend the period of limitation duty, or if it is operated or an appeal to the peace office of judge submits, prevents the limitation of the defects.”
organizing
From construction defects in a Building are usually affected many parties. This close together – this is asking for legal steps or around a round table with all Stakeholders – increases the chances of success. Legally, however, looked at each case individually. With the exception of shared areas such as gardens or stairwells.
With Mediation faster
in Principle, the contractor has the obligation to correct construction defects. But the buyers are sitting according to the tree diatorin Kristina Kröger often on the shorter lever. Because you have cancelled your old apartment and have to move out. Legal action in this Situation within a reasonable period of time to the target. “The parties Concerned and the contract partners to the table, accompanied by professional mediators, can in the short term, pragmatic solutions will be found,” says Kröger. “After a few days you can relax in the Situation often, if need – and solution-oriented negotiation.” The legal workup, including any compensation payments, however, can take months.
Created: 15.11.2019, 16:15 Uhr
