Consequential damage from a defect
A loss that arises not on the works themselves but on other protected interests through the defect; recoverable only on fault (section 933a ABGB).
While the defect loss concerns the value of the works themselves, the consequential damage affects other goods of the client, for instance where defective sealing damages furniture or the screed. Such losses are recoverable only through fault-based damages, not through warranty.
For enforcement the rules of damages law apply, in particular the limitation period under section 1489 ABGB. The distinction between defect loss and consequential damage is often delicate in the individual case.
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Legal basis
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your construction project are always decisive.
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Damages
Fault-based compensation for loss caused by a defect or breach of duty; on construction projects often alongside warranty (sections 1293 et seq., 933a ABGB).
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Warranty
The statutory, fault-independent liability of the contractor for defects that the works already had at handover (sections 922 et seq. of the Austrian Civil Code, ABGB).
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Limitation period
The lapse of time after which a claim can no longer be enforced; damages claims are generally time-barred three years after knowledge (section 1489 ABGB).
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