What are construction defects?
A construction defect exists when the construction work does not comply with the contractual agreements or the generally recognized rules of technology. This can take various forms, such as:
- Defective execution: For example, leaky windows, uneven floors, or faulty electrical installations.
- Use of inferior materials: For example, the installation of materials that do not meet the agreed standards.
- Non-compliance with construction plans: If the construction work does not correspond to the approved plans.
Properly documenting construction defects
Before reporting the construction company's defects, you should document them carefully. Thorough documentation serves as evidence and makes it easier to prove the defect. This includes:
- Photographs: Take detailed photos of the affected areas from various perspectives.
- Minutes: Record in a written report which defects you have identified and when they occurred.
- Expert opinion: In more complex cases, it can be useful to consult an independent expert to prepare an expert opinion on the defect.
report construction defects of the construction company
After you have adequately documented the defects, you should formally report them to the construction company. The following must be taken into account:
- Timely notification: Report the defect as soon as possible.
- Written notice of defects: The notification should always be made in writing – by registered mail with return receipt in order to be able to prove receipt. Describe the defects precisely and request the construction company to remedy them within a reasonable period (usually 14 days).
- Proof of the notice of defects: Keep a copy of the notice of defects as well as the certified mail receipt in a safe place. These documents are important in the event of a legal dispute.
Legal action in case of non-performance
If the construction company does not respond or refuses to rectify the defects, you have several legal options:
- Self-performance: After the fruitless expiration of the deadline, you can have the defects remedied by another company at the construction company's expense.
- Reduction: You can reduce the contract price in accordance with the defects.
- Compensation for damages: If you have suffered damage as a result of the defects, you can claim damages.
- Withdrawal from the contract: In severe cases, you have the right to withdraw from the contract.
Observe limitation periods
You must also observe limitation periods when asserting construction defects. As a rule, the limitation period for defect claims is three years from the acceptance of the building. After this period has expired, no further claims can be asserted.
Conclusion
The correct reporting of construction defects and the safeguarding of your rights as a builder require care and accuracy. Thorough documentation, the timely and written notification of defects, and compliance with deadlines are essential to successfully assert potential claims. If you are unsure or need legal support, we are happy to assist you.
For further information and individual consultation, Anela Blöch and her team are always available at bloech@atb.law or by phone at 01 39 12345 available.
