Our homeowners’ association ordered an 8-person lift and a 6-person one was installed. Can we claim?

Problems when modernising a lift

As so often happens, homeowners’ associations need to modernise the lifts in their buildings and, after receiving many quotes, they decide, at considerable financial effort on the part of the owners, to install a completely new lift.

The accepted quote is for an 8-person car. So far, so good.

Once the works are finished, the homeowners’ association realises not only that the lift is a 6-person model (instead of the 8-person one contracted), but also that it is a rather old model; the impression is that the company hired has installed a lift it had in storage.

When the homeowners’ association holds the installation company to account, the company claims that “an 8-person car would not fit” and that is why it installed a 6-person one (all without consulting the homeowners’ association beforehand), and that, moreover, the lift cost the same as the 8-person one quoted because it was “a superior model”, which turns out not to be true.

By now the homeowners’ association’s indignation is plain to see, so it decides to sue the company it hired.

To do so, the first step is to obtain an expert report, drawn up by an architect, to establish the breaches of the contract and analyse the lift installed (model, whether it is still current, etc.), so as to set out in a costing the balance in the homeowners’ association’s favour, the cost of dismantling the lift installed and the cost of installing the lift actually contracted, and so on.

A lawsuit for breach of contract must then be filed with the court, so that the lift installation company fulfils what was agreed.

If your case is similar, do not hesitate to contact us so that we can assess whether a claim is viable and advise you.