Construction law
DELAY ON THE CONSTRUCTION SITE OR CONSTRUCTION DEFECTS?
Successfully identifying construction defects and enforcing them legally
If your construction work is defective, legal expertise helps to enforce claims – from documenting defects to asserting them.
Support with delays and construction defects
Despite careful planning and construction management, construction defects regularly occur – ranging from leaky windows and faulty electrical installations to severe structural defects.
A construction defect exists when construction work does not comply with the contract or generally accepted engineering standards – and this is precisely where the pursuit of your legal claims begins.
Legal advice helps you not only to identify and document defects, but also to assert your rights consistently before deadlines expire or evidence is lost.
When do you talk aboutconstruction defects
A construction defect exists when the construction work does not comply with the contractual agreements or the generally accepted rules of engineering. In practice, construction delays, unclear contract terms, or the insolvency of a construction company also lead to significant financial and legal risks.
Inferior materials
The use of inferior materials is no petty offense, but rather a construction defect with potentially significant legal consequences.
Faulty execution
Defective workmanship such as leaky windows, uneven floors, or faulty electrical installations are classic construction defects that often result in significant consequential costs.
Non-compliance with the construction plans
Failure to comply with approved construction plans or contractually agreed execution constitutes a construction defect and can trigger claims for damages.
Construction delays
When construction work does not progress or only makes slow progress, additional costs and uncertainties quickly arise.
Disputed contract terms
What was originally agreed – and what is considered a chargeable additional service?
Bankruptcy of the construction company
The insolvency of a construction company presents project owners with significant challenges – particularly regarding unfinished or defective construction services.
ThoroughDOCUMENTATION
After you have adequately documented the defects, you should formally report them to the construction company. The following must be taken into account:
- Document defects with photographs
- Describe the defect in writing
- Record the exact time and place
- Collect and secure documents
- Obtain an expert opinion
- Log communication
OurServices
- Initial consultation and initial information
- Support with the legally secure defect documentation
- Mediation for conflict resolution to ensure the smooth progress of the project and avoid delays
- Out-of-court and in-court representation when asserting claims for defects in the property.
Our Expert
As a lawyer specializing in construction law, Anela Blöch, together with the team at atb.law, expertly assists you with all legal issues relating to construction projects and construction defects.
She assists clients with the legal assessment of construction defects, formal notices of defects, and the enforcement of warranty and damage claims against property developers, construction companies, and tradespeople. Furthermore, she advises on construction contracts, deadlines, liability issues, and the legally secure execution of construction projects.
Anela Blöch
Anela Blöch
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Frequently asked questions aboutconstruction defects
What is legally considered a construction defect?
A construction defect exists when the construction work does not comply with the contract, the approved plans, or the generally accepted rules of technology. This can affect execution errors as well as material defects or planning errors.
What typical construction defects occur frequently?
Common construction defects include, among others:
- Cracks in walls or ceilings
- Dampness, mold, or leaky roofs
- defective thermal insulation
- faulty electrical or plumbing installations
- uneven floors or faulty sealing
Even seemingly „minor“ defects can cause high consequential costs in the long run.
How should I properly proceed if a construction defect is discovered?
The most important first step is the careful documentation of the defect (photos, log, date). Subsequently, the defect must reported in writing and one reasonable deadline for rectification be set. Legal guidance ensures that your notice of defects is formally correct.
Must the notice of defects be made in writing?
Yes. A notice of defects should always in writing and verifiable (e.g., registered letter). Oral notifications are difficult to prove in the event of a dispute and can significantly weaken your legal position.
What happens if the defect is not fixed?
If the contractor does not respond or does not respond properly, you have several legal options available:
- Improvement by third parties at the expense of the contractor
- Price reduction
- Damages
- Withdrawal from the contract (in the event of serious defects)
Which option makes sense depends on the individual case.
How long is the warranty period for construction defects?
In Austria, the statutory warranty period for buildings is generally three years from delivery or acceptance. However, longer periods may apply in the case of hidden defects or claims for damages.
What are hidden construction defects?
Hidden construction defects are flaws that were not recognizable upon handover and only appear later, for example due to moisture, settling, or material failure. In such cases, there are often Claims for damages, especially if there are planning or execution errors.
How much does legal support for construction defects cost?
The costs depend on the scope and complexity of the case. During the initial consultation, we will transparently clarify:
- Your initial legal situation
- the possible scope of action
- the expected costs
This gives you full cost transparency right from the start.
Why should I hire a lawyer early on in the case of construction defects?
Because deadlines, evidence, and wording are crucial. Errors in the notice of defects or delayed action can lead to the loss of claims. Early legal guidance protects your rights and often saves time and money.
What can I do if nothing is progressing on the construction site?
If the construction company does not work or works inadequately, there is often a construction delay. In this case, a correct written setting of a deadline crucial. Only after that can further rights such as damages, contractual penalties, or withdrawal be asserted. Legal representation ensures that deadlines are set in a legally binding manner.
When is there legally a construction delay?
A construction delay occurs when agreed completion dates or construction times are not met and the cause falls within the responsibility of the construction company. The construction contract, schedules, and specific execution are decisive factors.