Reversal of the burden of proof
Presumption that a defect emerging within six months of handover already existed at handover (section 924 ABGB).
In principle the client must prove that the defect already existed at handover. Section 924 ABGB eases this: if the defect appears within six months of handover, it is presumed to have existed already at that time. The contractor must then prove the opposite.
After the six months have passed, the burden of proof shifts back, although the three-year warranty period for buildings continues to run. Especially in the first months, a well-documented notice of defects is therefore particularly valuable.
More on baurecht-anwalt.at
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).
-
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).
-
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