Hidden defect
A defect that was not recognisable at acceptance and only appears later; acceptance does not exclude claims for it.
A hidden (latent) defect appears only after acceptance, for example faulty sealing that only becomes noticeable in heavy rain. Unlike with an open defect, the client does not lose its rights by having accepted the works without reservation.
Decisive remain the warranty period and, in business-to-business dealings, the timely notice of defects once the defect becomes recognisable. Documenting the point in time at which the defect emerged is therefore important.
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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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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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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.
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