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).
Under section 1489 ABGB, damages claims become time-barred three years from the point at which the injured party knows of the damage and the wrongdoer; at the latest after thirty years. This must be distinguished from the warranty period, which for buildings is three years from handover.
The limitation period and the warranty period run independently of one another; a claim may be time-barred under warranty law yet still open under the law of damages, and vice versa. Anyone wishing to secure claims must keep both periods in view and take court steps in good time.
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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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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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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).
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