Expert opinion
A technical assessment of a construction defect by an expert; depending on the procedure either as a private opinion or as a court-appointed report.
Construction disputes are often decided by experts, because the cause, extent and method of repair of a defect are technical questions. A private opinion serves one’s own assessment and as leverage; in litigation the opinion commissioned by the court carries particular weight.
Where loss of evidence is imminent, an opinion can be obtained even before the proceedings by way of preservation of evidence. The client initially bears the cost of a private opinion, but it may be recoverable if the case succeeds.
More on baurecht-anwalt.at
- Expert opinions in construction disputes: court or private opinion
- Cost risk and settlement in construction litigation: when an action pays off
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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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).
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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).
Defects, a remuneration dispute, looming litigation?
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