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Rights and Renovation Work

Posted: Thu Mar 14, 2024 7:48 am
by Nickles and Dimes
Does anyone know what rights and recourse owners have with a contractor (Handwerker) when renovation work is poorly done?

Situation: We had walls re-plastered and painted in the apartment that we own and reside in. These walls were finished in mid-Oct. 2023, but began to show cracks 2 weeks later. After 4 weeks, it was clear that the old plaster was "blown" underneath (de-laminated from the new plaster). The contractor said it was not his fault, that he could not have known that the old plaster was not in good condition, and could not have "foreseen" such a situation, etc. (We inquired with other plaster contractors and they agreed that our contractor did not do the job properly)
The contractor is now demanding full payment immediately for this work.
Does anyone have experience with this kind of issue?
It appears that we will need a lawyer, which type would we need? A consumer rights lawyer or building specialist lawyer?
Are there any consumer rights organizations in German states or at the federal level?
(In the US, states have regulatory agencies like attorney generals - legal branch - that protect consumer rights

Re: Rights and Renovation Work

Posted: Fri Mar 15, 2024 12:33 am
by PandaMunich
All bona fide Handwerker are members of the Handswerkskammer.
Though going by your description of his work, I think yours isn't and probably hasn't even finished a Maurer apprenticeship.

You should check whether he is a member of your local Handswerkskammer, i.e. whether he has been entered into the Handwerksrolle as a Maurer: https://www-juraforum-de.translate.goog ... r_pto=wapp

And if he is, first try to get the Handwerkskammer to mediate: https://www-ndr-de.translate.goog/ratge ... r_pto=wapp

If you really end up needing a lawyer, look for a "Fachanwalt für Bau- und Architektenrecht" (click on "Erweiterte Suche"): https://anwaltauskunft.de/magazin

Please also read these articles, they were written by lawyers: