Handover
The acceptance of the completed works by the client; a key moment for the remuneration falling due, the passing of risk and the start of the warranty period.
With the handover (acceptance) the client declares that it accepts the works as performance of the contract. Several consequences attach to this point in time: the remuneration falls due, the risk passes to the client and the warranty period begins to run.
Open, that is recognisable, defects should be reserved at acceptance in the handover protocol. For hidden defects the claims are preserved despite acceptance; here a timely notice of defects remains decisive once the defect becomes apparent.
More on baurecht-anwalt.at
- Construction defects after handover: what building owners can claim now
- Notice of defects and deadlines for construction: how to give effective notice
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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Handover protocol
A written record of the acceptance of the works documenting defects, reservations and meter readings; an important basis of evidence.
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Warranty period
The period within which warranty claims must be enforced: three years from handover for buildings and other immovable property (section 933 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.
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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).
Defects, a remuneration dispute, looming litigation?
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