Building defects are deviations from the specifications as agreed in writing which are part of a building contract containing performance specifications and construction plans. Depending on the type of contract the defect can be defined in accordance with the BGB (German Civil Law Code and/or by the VOB (the German Construction Contract Procedures). Generally both set of rules are targeting the quality and the contracted possible use of a construction.
Basically the builder has the right to demand subsequent improvement and amendment. The building contractor as well has the right for improvement and amendments.
Building defects can occur due to the following factors:
- Planning mistakes
- Inadequate supervision of the building work and construction activities
- Execution errors
- and so forth
In the building industry there has to be a distinction between:
- visual building deficiencies (can usually only be subjectively valued)
- technical defects (are to be valued objectively in general)
Even if a visual defect is only to be valued subjectively, a comprehensive clarification about the emergence of the defect and the associated disruptions lead to the desired successes.
Technical deficencies are to be valued according to the general acknowledged Rules of Technique and other, for the building industry relevant rules and guidelines. Beside subject-specific standardisations, laws and rules there are counting also specific rules and bulletins of scientific associations and industry federations as well as the processing guidelines of the manufacturers.
Defects and how they emerge is a very complex issue. There is not one single corner in a building which is protected against defects. The most common defects are:
- inadequate sealing of the floor slab
- inadequate sealing of the building and the render
- Insufficient sealing of building parts in contact with soil and at the base of the construction
- Deficient render works at the base and the façade of the construction
- Insufficient window connections
- Insufficient airtightness (roof, walls, supply slots, window connections and so forth)
- Deficient thermal insulation composite system
- Wrong placement of the vapour barrier or the steam break
- Unevenesses in the floor screed or the floor covering
- High residual moisture in the floor screed
- Deficient installations (electric-, heating system-, sanitary installations)
- Deficient or damages areas of visible wood or visible screed surfaces
- Deficient execution of a thatched roof specifically in the connection areas
- Insufficient brickwork compounds
- Insufficient construction supervision/construction management due to insufficient number of inspections
- Planning deficiencies due to carelessness
- Exponential increases of costs due to defective planning and/or construction management
- And so on.
The expert´s activity concerning building defects includes the following services (depending on the clients´demands and wishes as well as on the necessity):
- The expert´s documentation of the construction defect or defects and eventually resulting damages, in order to conserve the evidence.
- Researching the cause for the defect and the source of error
- Hints for professional execution and solutions for restructuring, repair and/or replacement
The costs for the expert´s activities concerning building defects and damages are basically depending on the extent of the deficiencies, the time needed for research and examination as well as the use of measurement devices. Also the form of the report influences the costs.
We offer different forms of expert reports:
- Short form reports with a brief description of the building/construction defects as base for out-of-court settlements or rather for requests for rectifications of defects.
- Detailed report for the Court, for insurances , arbitrator’s expert opinion, evidence procedure and so forth.
Basically it is recommended, to adapt the form of the report die Art des Gutachtens to the date of the defect survey. It has to be clarified, if the acceptance of work already took place.
In case the expert should act as an mediator, all talks, interviews and discussions have to be documented by a protocol.
The expert office Holzmann-Bauberatung guarantees an unbiased position for all activities whatsoever. The impartiality is confirmed in each report by writing.
If neccessary there are other professionals available for the clients of the expert office Holzmann-Bauberatung®. Apart from this we are closely collaborating with specialised lawyers for building law, with whom we will be pleased to put you in touch upon request.