Legal Advice on Real Estate Problems

Questioner

In November 2017 my new home was delivered including underfloor heating as main heating. I have carried out the floor protocol as described. I bought a PVC floor from a recognized CBW company including leveling and laying/gluing. After the floor had been there for 2 days, the floor in the middle of the room came up across the entire width of the room. It looks like a pipe has been laid under the PVC floor, which of course is not the case. I immediately reported this to the flooring store. They indicate that this is because the subfloor (the concrete slabs under the poured screed) has started to move and they are not liable for this. The contractor indicates that it is probably a moisture problem and is also not liable. We are now almost 1 year further and the flooring store has made an attempt to solve the problem as a concession, unfortunately without success. although the 'snake' across the width of the floor is no longer present, the floor is far from even and now looks like mountain and valley. in addition, I now have more of these 'snakes' in the floor and the flooring man says he does not want to fix them (unless I pay for them). my question is, can this just happen? and can I hold someone liable and if so, how?

Lawyer

This is not possible just like that. In principle, you can hold one of the two parties liable or both parties. However, it depends on who chose the floor construction and which party is ultimately responsible for it. Is the contractor, for example, liable for the floor, i.e. did he have knowledge of the risk of the floor and was that knowledge also present? From your explanation, I myself tend to lean towards the contractor, because he should have made the floor ready for use without any complications being expected. I therefore advise you to hold him liable in writing. Make sure that you have sufficient evidence to demonstrate his liability. If you are unable to reach an agreement (yet), I would be happy to look at your case.