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).
In court-ordered preservation of evidence under sections 384 ff of the Code of Civil Procedure (ZPO), an item of evidence, typically an expert opinion, is taken even before or independently of litigation. This matters in construction because defects would otherwise be covered up, repaired or rendered inaccessible by continued building.
As a rule a legal interest is required, such as the risk that the evidence will be lost. The applicant initially bears the costs; they may later form part of the recoverable costs of the proceedings. Early preservation of evidence strengthens the position on warranty and damages.
More on baurecht-anwalt.at
- Preserving evidence before construction litigation: secure the condition before it vanishes
- Expert opinions in construction disputes: court or private opinion
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.
-
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.
-
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).
-
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).
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