You paid for the bathroom renovation, but soon the water starts seeping under the tiles. The team claims that the problem stems from the old plumbing, while you believe that the waterproofing was installed incorrectly. In such a hypothetical situation, the first objective is to clarify what work was agreed upon, what defects exist, and what is their cause.
Check the work and record the problems
Compare the result with the offer, the quote and the eventual contract. A nuance difference may be treated differently than an installation that cannot be used safely. Note when you noticed each problem and whether it was visible upon handing over the work.
The flawless reception can have important consequences for apparent defects. Article 1862 of the Civil Code regulates the inspection and reception of the work and provides for consequences in the event the beneficiary receives it without any defects. Article 1863 regulates the contractor’s warranty for defects and agreed qualities. For certain construction works, special reception rules may also apply.
Therefore, avoid signing a document that states that the work is compliant if you have any objections. Request that the observed problems be clearly described in the receipt document.
What documents and evidence help you
Keep the contract, the accepted offer, the currency exchange rates, the invoices, the proof of payment, and the messages in which you discussed the materials or the requested modifications. Dated photographs, recordings, and findings from a specialist can help describe the defects.
If the problem is technical, a specialized opinion may be useful to distinguish between an error of execution, a defect in the materials, and a cause prior to the renovation. Judicial expertise may also be necessary in a lawsuit.
How to formulate the request for rectification
Communicate to the contractor, in a form that you can prove, what problems you have found and what solution you are requesting. You can request an on-site inspection and a response regarding the remedy, proposing a reasonable timeframe in relation to the nature of the works.
If the misunderstanding persists, the solution may include the appropriate enforcement request, compensation, or, under applicable conditions, the termination of the contract. Article 1528 of the Civil Code concerns the enforcement of an obligation to perform at the expense of the debtor; its application depends on the concrete circumstances. It does not imply that any intervention immediately made by another team will be automatically recovered.
What compensations you can discuss and what mistakes you should avoid
Depending on the situation, the costs necessary to remedy the situation and other losses related to the improper execution can be analyzed. Evidence of the cost, the link to the problem being claimed, and the conditions of liability are important. A bill alone does not necessarily clarify the cause of the defect.
Avoid destroying all traces before documentation is completed. If urgent intervention is required to limit the damage, keep photographs, the replaced parts when possible, and the documents regarding the intervention. Do not ignore the communications regarding the reception either: passivity can have effects under Article 1862.
Frequently asked questions
Can I claim a defect discovered after receiving the item? The possibility must be analyzed based on the nature of the defect, the signed documents and the rules applicable to the situation. A hidden defect is not to be confused with one that is visible during inspection.
Can I request the refund of all the money paid? It is not an automatic consequence. What matters is the severity of the problems, the performance achieved, and the remedy that can be justified in the specific case.
A legal consultation can help evaluate the documents and choose an appropriate request for the situation.
Legal references: Civil Code: Art. 1528, 1862–1863.
See the services of the office: legal assistance in civil law. For an appointment, call 0732 710 701 or write to vreau@avocatbucuresti.ro.
