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 obliges the contractor to ensure that the building has the agreed quality and the quality ordinarily expected. It applies regardless of fault and only requires that the defect already existed at the time of handover, even if it becomes apparent later.
The law sets out the remedies in two tiers: first the client may demand repair or replacement. Only if these are impossible, unreasonable, refused or delayed does price reduction or, for non-minor defects, rescission come into play.
Warranty must be distinguished from fault-based damages; both can exist side by side. The warranty period for buildings is three years from handover.
More on baurecht-anwalt.at
- Construction defects after handover: what building owners can claim now
- Warranty or damages for construction defects: the two routes compared
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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Repair (cure)
The primary warranty remedy: the contractor removes the defect by repair or replacement, free of charge for the client (section 932 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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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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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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