Duty to give notice of defects
In dealings between businesses, the duty to give notice of defects without undue delay; if missed, the goods are deemed approved (section 377 UGB).
Under section 377 of the Austrian Business Code (UGB), a commercial buyer or client must examine the goods after delivery and give notice of recognisable defects without undue delay. If it misses the timely notice of defects, the goods are deemed approved; warranty, damages and error-based claims arising from the defect are forfeited.
This duty applies only between businesses. In consumer dealings it does not exist, and there the warranty is preserved without any duty to give notice. Hidden defects only need to be notified after they have been discovered.
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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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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).
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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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Hidden defect
A defect that was not recognisable at acceptance and only appears later; acceptance does not exclude claims for it.
Defects, a remuneration dispute, looming litigation?
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