Contributory negligence
The injured party's own fault in causing the loss; it leads to a proportionate reduction of the compensation claim (section 1304 ABGB).
Where the injured party has contributed to the loss, for instance through its own faulty instruction or a failure to cooperate, the damages are apportioned under section 1304 ABGB in the ratio of the respective shares of fault.
On construction projects contributory negligence often plays a role where client, planner and executing contractor have each contributed to the loss. A duty to warn properly discharged by the contractor can shift the weight in the client's favour.
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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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Contractor's duty to warn
The contractor's duty to warn the client where the client's material or instruction is evidently unsuitable; otherwise the contractor is liable for the failure (section 1168a ABGB).
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