Repair (cure)
The primary warranty remedy: the contractor removes the defect by repair or replacement, free of charge for the client (section 932 ABGB).
Repair (cure) is the primary warranty remedy. The client must point out the defect to the contractor and give it the opportunity to remedy it within a reasonable time and without significant inconvenience. The contractor bears the cost.
Only where repair fails, is impossible or unreasonable, or is seriously refused, may the client move on to price reduction or, for non-minor defects, to rescission.
Anyone who carries out the repair themselves without first calling on the contractor risks losing their claims. A timely, well-documented notice of defects is therefore the first step.
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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
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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Rescission
A warranty remedy leading to the reversal of the contract; available only for defects that are not merely minor (section 932 ABGB).
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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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