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).
A notice of defects informs the contractor of deficiencies in the works. Between businesses the Business Code (UGB) requires the buyer to inspect the works and to give notice of any defect without undue delay after it ought reasonably to have been discovered; otherwise the goods are deemed approved and warranty claims are lost.
For hidden defects the period begins only when the defect becomes apparent. A notice of defects is not in itself enough to preserve the warranty period: the claims must still be enforced in time. Careful documentation of when and how the defect was discovered is therefore essential.
More on baurecht-anwalt.at
- Notice of defects and deadlines for construction: how to give effective notice
- Construction defects after handover: what building owners can claim now
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.
-
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).
-
Warranty period
The period within which warranty claims must be enforced: three years from handover for buildings and other immovable property (section 933 ABGB).
-
Repair (cure)
The primary warranty remedy: the contractor removes the defect by repair or replacement, free of charge for the client (section 932 ABGB).
-
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).
-
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).
-
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?
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