Rights of a foundation (joint ownership) in the event of defective lampposts?

Questioner

Since 2021 we live with 14 households on a former farm. The previous owners (2 brothers) made a project and sold the land. In the project 11 barn houses were realized. These houses are owned by the individual owners, but the street, the street lighting and a part of the green area are for us collectively. A foundation (joint ownership) was created for this purpose. At the start of the project, the previous owners chose these lampposts that were presented on a mood board. On this mood board the posts are pre-treated and/or have a concrete base to prevent rising damp. The 7 delivered wooden lampposts already have defects after 2 years. Inspection shows that the wooden poles are warping and/or twisting due to moisture. The current lampposts were not pre-treated against rising damp when installed, nor were they placed on a concrete base. The supplier has been on site and indicates that the posts were delivered unprocessed to the landscaping company that installed them. The supplier indicates that they want to reimburse 2 poles, but the landscaping company wants to charge us for labor hours. As for the official delivery, it is not yet clear whether this has taken place and/or when. On behalf of the foundation, I have the following questions: 1. What guarantee do we have after delivery of the lampposts? 2. If we have a guarantee, do we have to pay for the costs incurred? 3. If it turns out that no official delivery has taken place at all, what is our legal position?

Lawyer

These are very specific questions. The answers depend largely on the exact circumstances and the contracts and agreements that have been entered into. However, I can give you some general information on these matters. 1. The warranty period after delivery of a project can vary and is often determined in the agreement between the project developer and the foundation. Even if there is no explicit warranty, there may still be consumer rights that create certain expectations about the lifespan of such products as lampposts. Often a warranty of several years is offered on such products, but this depends very much on the specific situation. 2. Generally, if there is a defect that is covered by the warranty, the supplier should be responsible for the cost of repair or replacement, including labor costs. However, as stated earlier, this depends on the specific agreement between the parties. 3. If there has been no official delivery of the lampposts, the foundation could possibly terminate the agreement or demand compliance, depending on the exact circumstances. However, if the project has been unofficially put into use, this can be seen as an implicit delivery, even if no official delivery date has been set. Because these are complex matters that are highly dependent on the exact situation and agreement, I would advise you to contact a lawyer who specializes in construction law and/or real estate. These professionals have the specific knowledge and experience to help you further.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.