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).
Unlike fault-independent warranty, damages require fault on the part of the contractor. Compensation covers the loss caused by the defective or delayed performance, including consequential loss flowing from the defect.
For loss to the works themselves, section 933a ABGB first gives the contractor the right to repair. Enforcement is subject to limitation under section 1489 ABGB, generally three years from knowledge of the loss and the person liable.
On construction projects the planner, the executing contractors or the site supervision may be liable depending on the situation. Contributory fault on the client’s side can reduce the claim.
More on baurecht-anwalt.at
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.
-
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).
-
Repair (cure)
The primary warranty remedy: the contractor removes the defect by repair or replacement, free of charge for the client (section 932 ABGB).
-
Notice of defects
The complaint by which the client points out defects to the contractor; between businesses it must be given without undue delay (section 377 UGB).
-
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).
-
Preservation of evidence
A procedure to secure evidence before it is lost, for example where a defect is about to be built over (sections 384 ff ZPO).
Defects, a remuneration dispute, looming litigation?
In construction law, deadlines and evidence decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000