DTEST: Construction and reconstruction of a house or apartment - independent tests, more than just reviews

However, matters concerning the construction of the construction are always the work.If you have a house built, it does not matter if it will be from your own or builder supplied, you will conclude a contract for work.It will be the same with the reconstruction of bathrooms, repairing floors or replacement of windows.This is especially important in the question of responsibility for defects.

The price of the work and its destination

The price of the work is certainly important for everyone, but it is not a so -called essential for the contract.If you agree with someone to do something for a fee, but you do not set an exact price, the contract will be valid without this item.But how do you find out how much to pay?The price should correspond to the usual remuneration for a similar service at a given location.The unknown price does not cancel the contract, but it will cause problems.The idea of what is the usual price is usually quite different between contractors and customers.Talk to the price in advance as a basis, even if it is not a legal condition.

Sometimes there is a situation where the price simply cannot be determined in advance. The bricklayer gets the task of reconstructing the old bathroom, but does not know what is under the tiles. In such cases, the price is determined with the consent of both parties an estimated, which of the logic of the matter that the result will be slightly different. But it has its limits. It cannot be estimated that the repair will cost a few hundred and charge several thousand. The Civil Code says that if the contractor finds out after the conclusion of the contract that the price set by the estimate must be significantly increased, it must notify the Client and justify it. If he does not do this without undue delay after finding the need to exceed the estimate, he is not entitled to pay the difference. If you reconstruct the bathroom and finally give you an invoice with a 20% increase, which justifies that the concrete was too stiff and damaged the tools, it is not entitled to pay the difference in price. However, if it announced it at the time of finding a higher price of work compared to the original estimate, there are two options for the client. If he does nothing, he agrees to increase the price. The second option is the withdrawal from the contract and payment of only what was done. Sometimes it could be a problem to determine what specifically means "the need to raise considerably". As a rule, it is reported that it is an estimated price of ten or more percent. But it will depend on the specific value of the contract.

For more complicated, especially construction and reconstruction work, it is common and recommended to negotiate the price according to the budget showing individual items, work and their price.If a fixed price or price is determined in advance, none of the contracting parties can require a change, even if more effort and costs are required than expected at the beginning.

However, there is a certain inconspicuous formula that can be circumvented by the strict budget conditions, and it is necessary to be careful. Indeed, the contractor may propose the budget with reservations and assign it to the contract or conditions under such a designation. If the reservation is given that the completeness or reservation is not guaranteed that the budget is non -binding, the Contractor may require an increase in the price. In the case of an incomplete budget, the price may be reflected in advance of unforeseen work and activities, and the difference between the predicted and the contractor is effectively incurred in the uninterrupted budget. If the Client disagrees with such an increase, the price is determined by the court, which is always unpleasant and will become more expensive. Even in the case of non -war and incomplete budgets, the contractor must report changes without undue delay, otherwise he is not entitled to pay them. In turn, the Client may withdraw from the contract without undue delay if he / she learns about higher costs that exceeds 10% of the price of the original budget.

There may be one more unexpected situation in the event of a construction.If there is a hidden obstacle (for example, a forgotten landfill of chemicals or archaeological sites), preventing the work from making an agreed manner, the Contractor may propose a change in the contract, including a change in the price.The work may interrupt the work, and unless there is any agreement, any party may withdraw from the contract.However, the contractor belongs to the price of the price for what he has already done before the obstacle is discovered.

Implementation

Usually, the contractor is expected to perform the work in person.However, it can "only" oversee its production if the design is not dependent on its personal characteristics.The contractor should provide everything himself with the necessary care and complete the work in time.If it is not precisely agreed, when it should be done, the time of performance should correspond to the time proportionate to the nature of the matter and work.In such a case, however, the time is agreed in favor of the contractor, so it will be rather longer than shorter.

The craftsmen are to proceed separately, specific commands regarding the way of performing the work are binding for them if it is agreed in advance.If you want to interfere more in work, agree on it in advance, preventing unpleasant misunderstandings.However, the implementation of the work can be checked without any legal restrictions.For example, if you do a construction or residential reconstruction, it is not a matter of hiring an expert.It can reveal what you don't see yourself, and as a result save enough money on repairs.His work takes the form of a contract on control activities.If you want your controller to give direct commands to craftsmen, remember it in the contract for work.If the inspection is not correctly performed, the inspector's right to remuneration ceases to exist and at the same time the obligation to pay damage that the Client cannot effectively enroll in the contractor of the work.

If you enter someone's work, you assume that it is an expert who can cope with him and assess whether your intention will be feasible and functional.If you supply a part and thing to perform a part of the part, they must notify you whether they are appropriate, as well as it must explain why from your instructions.If you still insist on your own, the Contractor shall not be responsible for defects that incorporated things or inappropriate commands.

Takeover

When taking over the work, the client has its obligations.The completed work must take over - either with reservations or without reservations.It is therefore necessary to be careful.If you take over the work without reservations, you do not have to be successful in complaints of apparent defects.If you order tiles for the kitchen in red and take over the blue kitchen without reservations, you can assume that you are satisfied, otherwise you would use the reservations when taking over.Thus, the consequences of taking over are particularly concerned with apparent defects.On the contrary, no one can want the customer to find at first glance that the tile has chosen the wrong glue on the tiles or the bricklayer missed the mortar.Such a defect is not initially apparent, and it will not be manifested later when using.

In the case of construction, the Client has no right to take it due to minor defects that do not prevent its use from functional or aesthetic or use or use substantial use.You can reproach the missing handle at the window, but with similar small things you simply have to take the construction, unless you do it in advance in the contract otherwise.Of course, it does not change the defects of defects.

Liability for defects of the work

The work has a defect if it does not correspond to the contract, ie in the production or compilation, not what was agreed, especially in the area of quality and execution.The Contractor is responsible for the defect that has been on things from the beginning, you just did not know about it (ie it was not apparent).The customer can successfully claim up to two years after receipt, in the case of buildings for five years, and the possible success in the court dispute should be remembered that the defects are best criticized immediately after their detection.

Remedy

It is distinguished whether this is a defect that is an essential violation of the contract, and if you knew in advance, you would definitely not close the contract, or defects that are not a substantial breach of the contract.The distinction will be based on your needs when concluding the contract, but also from the usual occurrence of the defect.Even your demands vary according to the types of defects.For the essentials, the entire range of requirements from repair through a discount, the execution of a substitute work, to withdrawal from the contract with the right to refund.For irrelevant defects, you are entitled to repair or discount.

There is another specialty for buildings - not only the contractor with whom you have a directly signed contract, but also all subcontractors who participated in the construction, the manager of the construction documentation and the construction supervision is responsible for defects.So, if it happens by chance that the developer fails to be sure after handing over the house, the defects will have to deal with the one who actually carried out the construction.