Apartment gets too hot, contractor liable?

Apartment gets too hot, contractor liable?

Apartment buyers complain to the Construction Arbitration Council (COA) that their recently completed apartment gets way too hot in the summer. At the COA, the client and the contractor were discussing which standard applied to the construction. In fact, at different times during and prior to construction, different standards existed. In addition to discussing which standard applies, the client and the contractor discuss whether there is any standard at all for the temperature to be achieved in the apartment. Ultimately, the RvA ignores both parties' contentions about this. Construction law attorney Robert van Ewijk explains what the ruling of the BoA was and how it arrived at that judgment.

Transformation of office into apartment building

This case involves an office building that has been converted into an apartment complex. The building occupies 15 floors. The residents of an apartment on the 13th floor experience that their apartment gets very hot in the summer. In fact, the apartment gets warmer than the outside temperature. Because the acquirers believe that this is a defect, they withhold payment of the last installment of the contract price. At the Arbitration Council, they ask that this amount be offset against the cost of their new blinds. Indeed, their installation was necessary to bring the indoor temperature to a comfortable level.

Expert report on temperature in apartment

The clients engaged an expert to prepare a report on the temperature in their apartments. That expert determined that the apartments on the third through twelfth floors met the standard, but the apartments above did not. Discussion then ensued at the COA as to whether the expert had applied the correct standard. First of all, the contractor found that at the time the environmental permit was applied for, there were no legal requirements about temperature exceedance in interior spaces. And if a (non-statutory) standard must be applied at all, it must be one that was applicable at the time the permit was applied for.

Rules on temperature excess in house and apartment

The contractor further indicated that the strict code of practice SV-ISSO used by the expert did not exist at all at the time the environmental permit was applied for. At most, therefore, the GIW/ISSO 2008 standard could be used and the apartments comply with that. However, the RvA ignores that discussion. Whatever standard applies, the requirements of ‘good and sound work’ must always be met without fail.

Sales brochure: ‘optimal living comfort’

For the question of what is meant by ‘good and sound work,’ what the parties have agreed upon is important, among other things. At a minimum, the acquirer may expect the apartment to be suitable for normal use as a dwelling. Furthermore, according to the BoA, what matters is what is in the sales brochure states. It states in this case that the apartments will be equipped with underfloor heating that can also cool in the summer. This can even be done up to several degrees below the outside temperature, according to the brochure. Furthermore, the brochure mentions that buyers can enjoy ‘optimal living comfort all year round.

RvA: The sales brochure states that the apartments will be fully equipped with underfloor heating that can also cool to a few degrees below the outside temperature in the summer, so that the apartments remain at a comfortable temperature all year round and the transferee enjoys optimal living comfort.

Apartment too hot: no good and sound work

In response, the contractor indicated that those communications were only indicative and that the sales brochure no rights can be derived.. The COA ignores this, in part because the Technical Description contains the same text about the interior temperature of the apartments. It is established that the temperature inside the apartments in summer is often several degrees warmer than outside. Thus, the requirements of the Technical Description are not met. In addition, an energy label A+ has been issued for the apartment. This states that the risk of high indoor temperatures in the summer months is low.

No good and sound work: contractor liable

Looking at the brochure, the Technical Description and the energy label together, the requirements of good and proper work have not been met. Indeed, the expectations raised are not met and the home is far too warm. Indeed, the transferee was entitled to expect to enjoy ‘optimal living comfort’ throughout the year and to keep the apartment at a comfortable temperature throughout the year.

Construction contract dispute lawyer

The damages claimed by the transferees are therefore awarded. They may, if they wish, set this off against the last installment of the contract sum they have held on deposit. Do you, as a contractor or client, have a dispute over a construction contract? Then please contact up with the construction law lawyer From Lexys Lawyers.